Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1089/21 in Comm. Suit No. 30/2020. 1 Order.
MHCC010034672021
Presented on : 09042021
Registered on : 09042021
Decided on : 02092021
Duration : 0 years, 4 months, 23 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1089 OF 2021
IN
COMMERCIAL SUIT NO. 30 OF 2020
Reena Tinaz Pvt. Ltd. and others ...Applicants
(Original Defendants)
Versus
Ramchand Atmaram Nagpal ...Respondent
(Original Plaintiff)
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 2nd SEPTEMBER, 2021.
Ms. Bhargavi Rawat, Advocate for the plaintiff.
Mr. Maroof M. Khan / Mr. M.N.Shaikh, Advocate for the defendants.
ORDER
1. This notice of motion is filed by the defendants for setting
aside 'No W.S.' order by condoning delay of one year to file written
statement. Perused notice of motion and say given by the plaintiff at
the backside of the notice of motion. Heard learned counsel Shri
M.H.Shaikh h/f Adv. Maroof Khan for the defendants and learned
counsel Bhargavi Rawat for the plaintiff.
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N/m No. 1089/21 in Comm. Suit No. 30/2020. 2 Order.
2. Learned counsel for the defendants Maroof Khan remained
absent today, but learned counsel Shri M.H.Shaikh appeared on his
behalf and submitted that Adv. Maroof Khan is suffering with ailment
and time may be given for filing the written statement by allowing
notice of motion. On the previous date of hearing, last chance was
given for notice of motion hearing by recording detail reasons.
3. The defendants had appeared in this matter through their
counsel and vakalatnama is filed on record at Exh.7 on 16/03/2020. My
learned Predecessor passed 'No W.S.' order on 06/03/2021. Then,
notice of motion is tendered to the court on 01/04/2021. On perusal of
record of the case, it appears that Covid19 restrictions were imposed
from March, 2020 and parties were prevented from approaching the
Court. Considering serious situation of the pandemic, Hon'ble Supreme
Court issued directions from time to time in Suo Moto Writ Petition No.
3/2020. The defendants have referred the orders of Hon'ble Supreme
Court in the said writ petition. Considering all these aspects, time to
file written statement got extended. Considering all facts and
circumstances, I pass the following order :
ORDER
1. Notice of Motion No. 1089/2021 is made absolute in terms
of prayer clause (a).
2. The defendants are directed to file written statement on or
before the next date of hearing.
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N/m No. 1089/21 in Comm. Suit No. 30/2020. 3 Order.
3. N/m No. 1089/2021 is disposed off accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 02/09/2021. Mumbai.
1. Dictated on : 02/09/2021.
2. Transcribed on : 02/09/2021.
3. Signed on : 03/09/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03/09/2021. 1.28 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 02/09/2021.
Judgment/Order signed by P.O. on 03/09/2021.
Judgment/Order uploaded on 03/09/2021.
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