Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 28 ADD SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103491/2019
Multichem Specialities Pvt Ltd Vs 1. Mr. Jayanthibhai N. Shah 2. Aristo (India) Corporation 3.
Mr. Artik Shah
Date : 10-03-2021
Business : Adv. Nair for plaintiff Adv. Batul for defendant Heard
arguments on behalf of both parties on NM 3491/19.
ORDER By Notice of Motion 3491 of 2019 the defendant
requested to set aside Ex-parte order dtd.25-03-2019 and
accept his vakalatnama on record which was already filed
on 26.09.2018 prior to 25.03.2019. The plaintiff resisted the
Notice of Motion. The adv of the plaintiff argued that at the
most subject to deposit of the suit amount of Rs.80,000/- he
has no objection to allow the notice of motion. As per the
Affidavit of service of summons the summons was served
on the defendants in September 2018. Exact date of service
of summons is not available as the acknowledgment cards
do not contain the date of service of summons. However, the
returnable date on the acknowledgment cards as it appears
from the seal on the acknowledgment card is 23.10.2018. As
already mentioned the defendants filed vakalatnama on
26.09.2018. It is clear that the summons was served in
september prior to 26.09.2019. The defendants were
supposed to appear within 10 days of service of summons.
At the most there has been delay of 16 days to appear before
the court. Considering the quantum of delay it will not be
proper to impose the condition of deposit of the whole of
the suit amount to set aside the Ex-parte decree. On the
other hand in the interest of justice to give an opportunity to
the defendants to appear in the suit and put his contentions
and considering the quantum of delay it is just and proper to
set aside the Ex-parte order by accepting the Vakalatnama
on record subject to cost of Rs.1000/- to be paid by the
defendants to the plaintiff. Hence, the Notice of Motion
3491 of 2019 is allowed and the Exparte order passed
agaisnt the defendants is set aside and the vakalatnama be
accepted on record subject to cost of Rs.1000/- to be paid by
the defendants to the plaintiff. Adjd for taking steps to 16-
07-2021
Nature of Disposal : ALLOWED
Disposal Date : 10-03-2021
COURT 28 ADD SESSIONS JUDGE
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