Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3777-19 in Summary Suit no.7733-01
H.C.Suit No. 3522 of 2001
1 Date :09.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3777 OF 2019
IN
SUMMARY SUIT NO. 7733 OF 2001
(H.C. SUMMARY SUIT NO. 3522 OF 2001)
(CNR NO.MHCC010102492019 )
Gala & Soni Timber Works .. Plaintiff
Versus
M/s. Bright Engineers & Ors. .. Defendants
Appearances :
Plaintiff in person.
Adv.Vijay Vaghela for plaintiff.
Adv.Trupti Surve for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 07
Date : 09.01.2020
ORDER
1. The defendants have filed instant Notice of Motion for
condonation of delay and recalling of order dated 19.08.2019.
2. It is contended by the defendant that as per order dated
04.05.2019, they were granted a conditional leave to defend the
suit upon deposits of Rs. 4,00,000/ within 2 months. It is
contended that on 04.07.2019 when the matter was listed, the
Court was on leave. Therefore, the matter was adjourned to
01.08.2019. However, on 01.08.2019, as the parties were Senior
Citizens, the matter was transferred to this Court. On 14.08.2019,
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NM 3777-19 in Summary Suit no.7733-01
H.C.Suit No. 3522 of 2001
2 Date :09.01.2020
the defendant appeared before this Court. At that time, they were
having Demand Draft of Rs. 4,00,000/. However, the paper and
proceedings of the matter was not transferred from Court Room
No. 14. Therefore, matter was adjourned to 19.08.2019.
However, on 19.08.2019, paper and proceedings were not
available, but on that day, this Court passed No W.S. Order.
3. It is contended by the defendant that Demand Draft was
ready on 01.08.2019 and their Written Statement was duly
affirmed on 14.08.2019. The aforesaid fact goes to show that
defendants were not having intention to prolong the matter or to
disobey the order of this Court. It is contended by the defendant
that in the aforesaid fact and circumstances, they may be
permitted to file Written Statement on record.
4. The Notice of Motion is opposed by the plaintiff on the
technical ground that Notice of Motion was affirmed by the
defendant no. 1 in the capacity of ‘Karta’ of HUF, who is the third
party to the proceeding. There is no Notice of Motion filed by the
defendant no.1 in the capacity as partner of the firm. Therefore,
plaintiff prayed for dismissal of the Notice of Motion.
5. Heard both the sides. Perused Notice of Motion and reply.
During course of hearing, it is pointed out by Ld. Advocate for the
plaintiff that verification clause of Affidavit was done in the name
of Girish Nanalal Kamdar, HUF. Therefore, it is contended by him
that the Affidavit is filed of third party.
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NM 3777-19 in Summary Suit no.7733-01
H.C.Suit No. 3522 of 2001
3 Date :09.01.2020
6. Per contra defendant contended that it is typographical
mistake. After perusal of the case papers, I find that in verification
clause, the defendant no. 1 as partner is also mentioned.
Therefore, it appears to me that it is typographical mistake on the
part of advocate of defendant no. 1 which I allowed the advocate
of defendant no. 1 to rectify forthwith. Thereafter, Ld. Advocate
fairly conceded that they have no objection for allowing present
Notice of Motion. Hence, upon considering the same, Notice of
Motion needs to be allowed. Thus, I proceed to pass the following
order :
ORDER
1. Notice of Motion No. 3777 of 2019 is made absolute by
consent in terms of prayer clause (a),(b),(c) and (d).
2. Defendants to bear cost of Notice of Motion.
3. Defendant is allowed to deposit the Demand Draft of
Rs.4,00,000/ within one week.
4. Notice of Motion No. 3777 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 09.01.2020 Greater Bombay.
Dictated on : 09.01.2020
Typed on : 09.01.2020
Draft Submitted on : 09.01.2020
Checked on : 15.01.2020
Signed on : 15.01.2020
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NM 3777-19 in Summary Suit no.7733-01
H.C.Suit No. 3522 of 2001
4 Date :09.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/01/2020 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
09/01/2020
JUDGMENT/ORDER signed by P.O.
on
15/01/2020
JUDGMENT/ORDER uploaded on 15/01/2020
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