Full Order Text
Final Order 1 · 05 Oct 2021 · CNR MHCC010097412019
Order Details: Notice of Motion Pdf Text: 1 NM 3574/19 in SUM Suit 692/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 3574 OF 2019 IN SUMMARY SUIT NO. 692 OF 2018 CNR NO. : MHCC010097412019 Dilip Kumar B. Jain …Plaintiff Versus Suresh Bajaj ...Defendant Appearance: Mr. C. D. Mishra , Advocate for the Plaintiff. Ms. Pallavi Singh I/b Ms. Saveena Bedi , Advocate for the Defendant. CORAM : SMT. S.S. NAGUR, JUDGE, (C.R.NO.04) DATE : 05/10/2021 ORDER 1) The Notice of motion is filed by defendant to condone delay of three days to file appearance. The notice of motion is supported by affidavit of Suresh Bajaj stating that the summons was served not at the residence nor in the place of business in Mumbai. He resides in Secunderabad, Telangana. The writ of summons was received by his son at Mumbai. Therefore there is delay to appear in the suit and prayed to allow the application. The plaintiff filed reply through affidavit of Dilipkumar Jain and denied the contents of Notice of Motion. 3) Heard Adv. Mr. C. D. Mishra for plaintiff and adv. Pallavi Singh for defendant. Perused contents of notice of motion and reply supported by affidavit. 4) There is delay of only three days to file appearance. No prejudice will cause to the plaintiff incase the defendants are allowed to file their appearances. The defendant in the Notice of motion is prayer (c) has sought relief to hear and adjudicate their application dt. -- 1 of 3 -- 2 NM 3574/19 in SUM Suit 692/2018 27.11.2018. The said relief cannot be in the form of relief. Once the application is filed the same has to be decided by the Court. Therefore the said relief in the notice of motion is not tenable. Hence pass following order : ORDER 1. The notice of motion is allowed. 2. The delay of three days is condoned and defendants are allowed to file appearance. 3. No order as to costs. 4. Accordingly, Notice of Motion is disposed of. (SMT. S.S.NAGUR ) Judge Dt.: 05/10/2021 City Civil Court, Gr. Mumbai Dictated and typed on : 05.10.2021 Pronounced on : 05.10.2021 Signed on : 05.10.2021 -- 2 of 3 -- 3 NM 3574/19 in SUM Suit 692/2018 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE TIME NAME OF TYPIST 06/10/2021 2.55 p.m. Mr. Mohit M. Patange Name of the Judge HHJ Smt. S.S. Nagur (C.R.NO.04) Date of Pronouncement of Judgment/Order. 05/10/2021 Judgment/order signed by P.O on 05/10/2021 Judgment/order uploaded on 06/10/2021 -- 3 of 3 --