Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.3630 of 2019 1 Suit No. 596/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.3630/2019
IN
SUIT NO.596/2019.
Shree Auburn Enterprises Pvt Ltd ... Plaintiff
V/s.
M/s. Himsan Polymer Pvt. Ltd. .. Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 07.01.2020
Mr.R.A. Shaikh, Advocate for plaintiff.
Adv. Jitesh Goyal, Advocate for Defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing his appearance and vakalatnama on
record. 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 he was in search of
legal aid and approached the advocate. Therefore, delay of 51 days
was caused to file vakalatnama within 10 days from the date of
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Notice of Motion No.3630 of 2019 2 Suit No. 596/2019
service of suit summons. The advocate for the defendant
contended that this application be allowed subject to costs.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant this court holds that the defendant was
in search of legal aid and therefore he could not filed vakalatnama
within 10 days from the date of service summons. The delay of 51
days is explained by the defendant.
5. In these backgrounds, the notice of motions deserves to be
allowed subject to costs of Rs.3,000/ which shall be paid to the
plaintiff before next date and in consequence allowing the
defendant to file vakalatnama on record of this suit. Hence, the
order. :
ORDER
1. The notice of motion no.3630 of 2019 is allowed
subject to cost of Rs. 3,000/ (Rs.Three Thousand only)
be paid to the plaintiff before next date.
2. The defendant is granted permission to put his
appearance and vakalatnama in this suit after payment of
cost within stipulated period.
3. Notice of Motion No. 3630 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date:07.01.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 07.01.2020
Signed on :
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Notice of Motion No.3630 of 2019 3 Suit No. 596/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
07.01.2020 at 03.45 pm. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 07.01.2020
Order signed by P.O. on 07.01.2020
Order uploaded on 07.01.2020
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