Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3729/19 in Summary Suit no. 1496/17
MHCC010101352019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 3729 OF 2019
IN
SUMMARY SUIT NO. 1496 OF 2017
M/s. Ledvance Private Limited
(Earlier Known as Osram India Pvt. Ltd)
A Private Limited Company registered under
The provision of the Companies Act, 1956,
Having its registered office at 459B, EPIP
Industrial Area, Kundli Dist. Sonepat
131001 (Haryana), Head Office at
Signature Towers, TowerA, 12011202,
12th floor, South City, Gurgaon (Gurugram)
Haryan122001 and Branch Office at Thane
Maharashtra. ...Plaintiff.
V/s.
Mr. Chetan Badani
Sole Proprietor of M/s. Veedhi International,
Having his place of business at 202, Ashok
Silk Mills Compound, Vadilal Pvt. Road,
Off L.B.S. Marg, Opp. Damodar Park,
Ghatkopar (W), Mumbai – 400086. ...Defendant.
Appearance:
Advocate Madhavi Raval for plaintiff.
Advocate Minal Doshi for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 24th AUGUST, 2021.
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2 NM 3729/19 in Summary Suit no. 1496/17
ORAL ORDER
1. The notice of motion is taken out by defendant for
condonation of delay in filing affidavit in reply/ leave to defend on
behalf of defendant to be Summons for Judgment.
2. It was submitted by defendant that he was served on 08
032018 without copy of Plaint and documents. The defendant filed his
V/N on 15032018. Thereafter, the Court was vacant and matter was
adjourned from time to time. The plaintiff had taken out Summons for
Judgement and it was replied by defendant. For the first time on 0407
2019 the learned Counsel for plaintiff rest objection and challenged the
right of defendant under order 37 Rule 3 of Code of Civil Procedure to
defend the Suit. Those the defendant filed the present application. The
defendant is having good case on merits and therefore, the delay if any
be condoned.
3. The Plaintiff filed reply and opposed the contention of
defendant. It was submitted that the defendant has not mentioned the
days of delay. The application is not filed as per law. The application is
filed after limitation and without any clarification. No sufficient cause is
shown, hence the application be rejected.
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3 NM 3729/19 in Summary Suit no. 1496/17
4. Heard Ld Counsel for both the sides. The Contents are not
reproduced. It seems that the defendant appeared on 15032018 and
filed the V/N. However, the matter was adjourned time to time as Court
was vacant. It seems that in order to adjudicate the matter on merits an
to decide the real controversy between the parties, it would be
appropriate to condone the delay. As such the delay was not intentional
and deliberate. The defendant if not allowed to file an application for
leave to defend, would suffer serious prejudice. Hence, I proceed to pass
this following order
ORDER
1. The Notice of Motion no. 3729 of 2019 is allowed.
2. The delay in filing affidavit in reply/ leave to defend to the
Summons for Judgment is condoned.
3. No order as to costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 24082021 City Civil Court, Gr. MUMBAI
Dictated on : 24082021
Transcribed on : 24082021
Signed on : 24082021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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4 NM 3729/19 in Summary Suit no. 1496/17
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24082021 at 4.00 pm
UPLOAD DATE AND TIME (PRATIMA PRASHANT JADHAV)
NAME OF TYPIST
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 24082021
Judgment/order signed by P.O. on 24082021
Judgment/order uploaded on 24082021
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