Final Order 1

Order Details: Notice of Motion
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MHCC010096742019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.3552 OF 2019
IN
SUMMONS FOR JUDGMENT NO.142 OF 2018
IN
SUMMARY SUIT NO. 737 OF 2017
M/s. Sha Jadhavji Narshi & Company ... Plaintiff
V/s.
M/s. Harbs & Spice food and Hospitality & Ors. ... Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT, GR.MUMBAI
(C.R. NO.59).
DATE : 05/03/2021.
Appearances:
Adv. Mr. Vijay Sharma for the plaintiff.
Adv. Mr. Vijay B. Chavan for the Defendants.
ORDER
This is a notice of motion taken out by the defendants for
setting aside no reply order passed on 03.04.2019 and permission to file
his reply to the Summons for Judgment. The plaintiff has filed reply to
the same.
2. Perused the notice of motion and reply of the plaintiff.
Heard both the advocates for the parties at the length.
3. It is contended by the defendant that due to his personal
difficulty and illness of his wife it was not possible for him to give
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2 N/M No. 3552 of 2019
instruction to his advocate to file reply to the Summons for Judgment
within stipulated time. Hence, delay is caused for filing reply to the
Summons for Judgment.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the reason given by
the defendant about his personal difficulty and illness of his wife it
was not possible for him to give instruction to his advocate to file reply
to the Summons for Judgment within stipulated time
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence setting aside no
reply order dated 03.04.2019 and permitting the defendant to file his
reply to the Summons for Judgment. The inconvenience caused to the
plaintiff can be compensated by saddling costs on the defendants
Hence, I pass following order.
ORDER
1. The Notice of Motion No.3552 of 2019 is allowed,
subject to cost of Rs.5000/-, which shall be paid by the
defendant to the plaintiff, on or before next date.
2. No reply order dated 03.04.2019 passed against the
defendants is set aside and defendant is granted
permission to file reply to the Summons for Judgment
3. The Notice of Motion No. 3552 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 05/03/2021 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Dated on :05/03/2021
Typed on : 05/03/2021.
Signed on :
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3 N/M No. 3552 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.03.2021 05.15 p.m. ( Mayuresh P Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
05/03/2021
JUDGMENT/ORDER signed by
P.O.on
05/03/2021
JUDGMENT/ORDER uploaded on 05/03/2021
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