Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.3613 OF 2019
(CNR No.MHCC01-009827-2019)
IN
UNREGISTERED SUMMONS FOR JUDGMENT
IN
SUMMARY SUIT NO.292 OF 2018
Apple Traders
Prop Mr. Umarshi Faria
Having office at ¼ , Annex Ness Baug,
Nana Chawk, Mumbai- 400 007. ... Plaintiff
V/s.
Mohammed Mobin Khan
Prop. Of Mohammed Mobin Akbar Ali & Co.
New Name As- (M.A. Timber & Ply)
Shop No. 3/A, Plot No. 216,
Kurla Agra Road, Kurla (W),
Mumbai- 400 070. ... Defendant
CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 01/12/2021
Adv. Mrs. Rashida Khan I/b Nitesh Acharya for the plaintiff.
Adv. Ms. Gauri Rao for the defendant.
ORAL ORDER
1. This is a notice of motion taken out by the defendant for
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2 N/M No. 3613/2019
in Suit No.292 of 2018
condonation of delay for filing reply/leave to defend to the summons
for Judgment.
2. Perused the notice of motion. Reply is not filed by the
plaintiff though sufficient opportunity is given. Said fact is transpired
from the record and roznama of the case. Hence, the notice of motion is
decided on merit without reply of plaintiff.
3. Heard advocate for the defendant at the length.
4. It is contended by the defendant that he was served with
the Summons for Judgment. However, due to illhealth and medical
problems he could not move out and file the reply to the Summons for
Judgment. It is explained that the defendant was suffering from cronic
Kidney disease and he had to undergo dialysis on regular basis. Due to
said difficulty he was unable to appear and defend the suit. In such
circumstances the delay of 113 days occurred in filing leave to defend
in response to the summons for judgment. Therefore, 113 days delay
caused in filing reply to the Summons for Judgment may be condoned
in the interest of justice. I have perused the documents i.e medical
reports submitted by the defendant on record. It transpires that the
defendant could not file leave to defend due to illhealth. The Summons
for Judgment was served on him on 25.4.2019 and the present notice of
motion is moved on 13.8.2019.
5. Considering the submissions made by the advocate of the
defendant and on perusal of the medical documents of the defendant,
this Court holds that the defendant was unable to file his reply/leave to
defend to the Summons for Judgment within stipulated time, due to
unavoidable reasons of illhealth. The reason given by the defendant for
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3 N/M No. 3613/2019
in Suit No.292 of 2018
delay is satisfactory. The delay caused for filing reply to the Summons
for Judgment is not deliberate. Secondly, the Summons for Judgment is
issued and the defendant wants to contest the same on merit. It appears
necessary to grant reasonable opportunity to the defendant in the
interest of justice.
6. In these backgrounds, I hold that the Notice of Motion
deserves to be allowed in the interest of justice and in consequence
allowing the defendants to file reply/leave to defend to the Summons
for Judgment. Hence, the order:
ORDER
1. The Notice of Motion no.3613/2019 is allowed.
2. The defendant is granted permission to file his reply/leave to
defend to the Summons for Judgment in the interest of
justice.
3. The Notice of Motion No. 3613/2019 is disposed of.
Date: 1.12.2021
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on : 1.12.2021
Typed on : 1.12.2021
Signed on : 1.12.2021
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4 N/M No. 3613/2019
in Suit No.292 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
1.12.2021 05.40 p.m. ( K.M.RANA)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H.KASHIKAR (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
1.12.2021
JUDGMENT/ORDER signed by
P.O.on
1.12.2021
JUDGMENT/ORDER uploaded on 1.12.2021
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