Full Order Text
Order 1 · 19 Oct 2019 · CNR MHCC010094502019
Order Details: Other Pdf Text: MA 91/2019 SUM.SUIT 1468/2017 1 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI MISCELLANEOUS APPLICATION NO.91 of 2019 IN SUMMARY SUIT NO. 1468 of 2017 (CNR NO.: MHCC010094502019) Prakash Nagardas & Bros.& Anr. ...Plaintiffs Versus Burhani Steels & Ors. ….Defendants Appearances: Advocate Mr.Pratik for the Plaintiff. Advocate Mr.Suraj Almeida for Defendant No.5. CORAM : HIS HONOUR JUDGE SHRI.M.S.LONE (C.R.NO.28) DATED : 19TH OCTOBER 2019 ORDER This is application for extension of time to deposit a sum of Rs.43,32,833/ in court as per order dated 10/07/2019 passed in SJ No.21/2018. 2. Heard Ld.counsel for defendant and Ld.counsel for plaintiff. 3. From the material on record following points come for my determination and my findings with reasons are as follows: POINTS FINDINGS 1.Whether there is sufficient cause to extend the time to deposit the amount as prayed? Yes 2. What order ? As per final order -- 1 of 3 -- MA 91/2019 SUM.SUIT 1468/2017 2 REASONS AS TO POINT NOS.1 &2. 4. The Ld.counsel for defendant has submitted that defendant No.5 is facing financial constraints due to economic slow down and recession therefore, this application. 5. The Ld.counsel for plaintiff has replied to this application and had stated that deliberately the defendant is delaying the matter. 6. From the record it can be seen that defendant want to contest the suit. The reasons stated by defendant are satisfactory and therefore, without taking any harsh view proper chance is given to defendant .Therefore, point Nos. 1 is answered as 'Yes' and following order is passed. ORDER 1. Miscellaneous application No.91/2019 is allowed. 2. Two months time is extended to enable the defendant No.5 to deposit the amount as per order passed in summons for judgment No.21/2018 on 10/07/2019. 3. Miscellaneous application No.91/2019 is disposed of accordingly. (M.S.LONE) Judge, Date: 19/10/2019 City Civil Court,Gr. Bombay Dictated on : 19/10/2019 Transcribed on : 24/10/2019 Signed on : 24/10/2019 -- 2 of 3 -- MA 91/2019 SUM.SUIT 1468/2017 3 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 02/11/2019 at 4.40p.m. Mrs.J.V.Pawar UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Shri.M.S.Lone (C.R.NO.28) Date of pronouncement of Judgment/Order 19/10/2019 Judgment/Order signed by P.O. on 24/10/2019 Judgment/Order uploaded on 02/11/2019 -- 3 of 3 --