Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : NM.No.4077/2019 in S.C. Suit 4176/2013
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4077 OF 2019
IN
SHORT CAUSE SUIT NO. 4176 OF 2013
CNR NO. MHCC01-011207-2019
State Bank of India … Plaintiff
Versus
Mr. Vijay Suresh Taware & Ors. .. Defendants.
Appearance:
Advocate Mr. Padmakar Garad for the Plaintiff.
Advocate Mr. Arvind Taral for the Defendants.
CORAM : H.H.J. SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.20)
DATE : 8th January, 2021.
ORAL ORDER
1. The Notice of Motion is filed by the plaintiff to set aside the no
reply order to the Notice of Motion No. 4166 of 2018 filed by the
defendant and allow to file Affidavit in reply of the plaintiff bank to that
Notice of Motion. The another relief is sought by the plaintiff to this
Notice of Motion is to set aside the dismissal order against the
defendant no. 2 dated 19.07.2018.
2. The Notice of Motion is supported by affidavit of Ms. Neha
Pandey, the Manager of the plaintiff bank.
3. The defendant filed reply and has objected for setting aside the
Notice of Motion to file reply to their Notice of Motion on the ground
-- 1 of 4 --
: 2 : NM.No.4077/2019 in S.C. Suit 4176/2013
that there is delay of 261 days to set aside the reply to the Notice of
Motion.
4. Heard advocate Padmakar Garad for plaintiff and advocate
Arvind Taral for defendant.
5. The defendant filed Notice of Motion No. 4166 of 2018 on
01.11.2018. No reply order was passed on 29.01.2019. Thereafter, the
plaintiff filed this Notice of Motion on 17.10.2019. The plaintiff desires
to contest the Notice of Motion filed by the defendant. There was delay
to file reply to the Notice of Motion. Therefore, the said Notice of
Motion proceeded without reply.
6. The suit is for recovery of the loan amount. The defendant has
filed Notice of Motion No. 4166 of 2018 under Order 7 Rule 11(d) of
Code of Civil Procedure, that the relief claimed by the plaintiff is barred
by law. Considering the nature of the suit and in the interest of justice,
no reply order to the Notice of Motion needs to be set aside. No
prejudice would be caused to the defendant, as they can be
compensated with cost. Hence, pass following order :-
ORDER
1. No Reply order dated 29.01.2019 in Notice of Motion
No. 4166 of 2018 is set aside on payment of cost of Rs.
500/- (Rs. Five Hundred) to the defendant.
2. On payment of the cost, the plaintiff is allowed to file
affidavit in reply to the Notice of Motion.
-- 2 of 4 --
: 3 : NM.No.4077/2019 in S.C. Suit 4176/2013
3. The Notice of Motion will proceed for relief to set aside
the dismissal order against the defendant no. 2 dated
19.07.2018.
(Smt. S.S. Nagur)
Date: 08.01.2021 Judge,
City Civil Court,
Gr. Mumbai.
Dictated on : 08/01/2021
Transcribed on : 08/01/2021
Sign on : 11/01/2021
-- 3 of 4 --
: 4 : NM.No.4077/2019 in S.C. Suit 4176/2013
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12.01.2021 11.45 a.m. Mrs. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.20)
Date of Pronouncement of
Judgment/Order.
08.01.2021
Judgment/order signed by P.O on 11.01.2021
Judgment/order uploaded on 12.01.2021
-- 4 of 4 --