Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 3718 of 2019
in Summ. Suit No. 122 of 2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.3718 OF 2019
IN
SUMMARY SUIT NO.122 OF 2018.
MDI Laboratories India Pvt. Ltd. ... Plaintiff
V/s.
Express Clinics Pvt. Ltd. ... defendant No.
1,2 and 7s.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 27.02.2020
Advocate, Mr. Rajendra Yadav for plaintiff.
Advocate, Raut for defendant No. 1,2 and 7.
ORDER
This is a notice of motion taken out by the defendant No. 1,2 and
7 for condonation of delay for reply to 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 No. 1,2 and 7 that during
relevant period due to heavy rains, floods situation and due to
misplacement of the documents the defendant No. 1,2 and 7 could not
file reply to the Summons for Judgment with in a stipulated period.
Therefore, 2 days delay is caused for filing reply to the Summons for
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2 N/M No. 3718 of 2019
in Suit No. 122 of 2018
Judgment within stipulated period.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant No. 1,2 and 7, this court holds that during
relevant period due to heavy rains, floods situation and due to
misplacement of the documents the defendant No. 1,2 and 7 could not
file reply to the Summons for Judgment with in a stipulated period. The
reason given by the defendant No. 1,2 and 7 for delay is satisfactory.
The delay caused for filing reply to Summons for Judgment this Suit is
explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant No. 1,2 and 7 to file his reply to Summons for Judgment to
the Summons for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no.3718 of 2019 is allowed subject
to cost of Rs.1,000/-. The cost shall be payable by the
defendant No. 1,2 and 7 to the plaintiff on or before next
date.
2. The defendant No. 1,2 and 7 is granted permission to file
reply to Summons for Judgment in the interest of justice.
On payment of cost to the plaintiff.
3. The Notice of Motion No. 3718 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :27.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 27.02.2020.
Signed on : 27.02.2020.
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3 N/M No. 3718 of 2019
in Suit No. 122 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
27.02.2020 05.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 27.02.2020
Order signed by P.O. on 27.02.2020
Order uploaded on 27.02.2020
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