Full Order Text
Final Order 1 · 16 Nov 2019 · CNR MHCC010094422019
Order Details: Notice of Motion Pdf Text: NM 3462/19 SUM.SUIT 1292/17 1 IN THE CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO.3462 of 2019 IN SUMMARY SUIT NO. 1292 of 2017 (CNR NO.: MHCC010094422019) Mr.Subhash Yelappa Kutade ...Plaintiff Versus Mr.Ashok Punjanath Barve ...Defendant Appearances: Advocate Mr.B.S.Patil for Plaintiff. Advocate Mr.Vaibhav Kamble for Defendant. CORAM : HIS HONOUR JUDGE DEEPAK L. BHAGWAT (C.R.NO.28) DATE : 16TH NOVEMBER 2019 ORDER The advocates on behalf of both the parties are present. The plaintiff's advocate submitted that the notice of motion may be allowed subject to costs. He submitted that costs of Rs. 5000/ may be imposed. On the other hand, advocate for the defendant requested to impose costs of Rs. 500/ only. It may be noted that yet decree has not been passed in the summary suit. Considering the same circumstance and the contention on behalf of the plaintiff of not objecting seriously to allow the notice of motion and to decide the matter on merit, it is just and proper to allow the notice of motion subject to costs. Considering the period of delay that it is of about 188 days and considering over all circumstances, it is just and proper to impose costs of Rs. 2000/ to be -- 1 of 2 -- NM 3462/19 SUM.SUIT 1292/17 2 paid to the plaintiff by the defendant. Hence, order as follows is passed . ORDER 1. The notice of motion is allowed and delay caused to the defendant in filing reply to the summons for judgment is condoned and the defendant is allowed to file the reply on or before next date subject to costs of Rs. 2000/ (Rupees Two Thousand only) to be paid to the plaintiff by the defendant. 2. Notice of motion no. 3462/2019 is hereby disposed of accordingly. (Deepak L. Bhagwat) AdHoc Judge Date:16/11/2019 City Civil Court,Mumbai Dictated on : 16/11/2019 Transcribed on : 18/11/2019 Signed on : 19/11/2019 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 20/11/2019 at 3.30p.m. Mrs.J.V.Pawar UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Shri.Deepak L. Bhagwat (C.R.NO.28) Date of pronouncement of Judgment/Order 16/11/2019 Judgment/Order signed by P.O. on 19/11/2019 Judgment/Order uploaded on 20/11/2019 -- 2 of 2 --