Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 930/21 in Comm. Suit No. 265/19. 1 Order.
MHCC010029822021
Presented on : 24-03-2021
Registered on : 24-03-2021
Decided on : 31-03-2022
Duration : 1 years, 0 months, 7 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 930 OF 2021
IN
COMMERCIAL SUIT NO. 265 OF 2019
Universal Builders ...Plaintiff
Versus
Bhavna Rajendra Shah and one ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 31st MARCH, 2022.
Shri Prashant Nakati, Advocate for the defendants.
Shri Sanjay Shinde, Advocate for the plaintiff.
ORDER
1. The defendants have filed present notice of motion for
condoning delay in filing written statement and to allow them to file
written statement by setting aside exparte order dtd. 08022021.
Perused notice of motion and say given at the backside of it. I have
gone through the suit proceeding. Heard learned counsel Shri Prashant
Nakati for the defendants and learned counsel Shri Sanjay Shinde for
the plaintiff.
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N/m No. 930/21 in Comm. Suit No. 265/19. 2 Order.
2. Basically, the suit was presented for registration as a
Summary Suit, but it came to be registered as a Commercial Suit No.
265/19. Then, this Court passed order in roznama dtd. 23092021
clarifying that the suit will be tried by following procedure under Order
37 of the C.P.C.. Then, the plaintiff filed S/J No. 180/21. Considering
these developments in the matter, filing of written statement by the
defendants is subject to decision in S/J No. 180/21. The defendants
have already filed affidavit in reply in S/J No. 180/21 and it is pending
for hearing. For this reason, present notice of motion has become
infructuous and it is liable to be disposed off. Hence, I pass the
following order :
ORDER
1. NM No. 930/21 is disposed of having become infructuous.
2. Proceeding of NM No. 930/21 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
Date : 31/03/2022. Mumbai.
1. Dictated online on : 31/03/2022.
2. Signed on : 31/03/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 930/21 in Comm. Suit No. 265/19. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
31/03/2022. 4.10 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 31/03/2022.
Judgment/Order signed by P.O. on 31/03/2022.
Judgment/Order uploaded on 31/03/2022.
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