Full Order Text
Order 1 · 20 Feb 2020 · CNR MHCC010114902019
Order Details: Other Pdf Text: DRAFT NM IN COMMERCIAL SUIT 242/2019 1 IN THE CITY CIVIL COURT AT MUMBAI DRAFT NOTICE OF MOTION FILED TODAY IN COMMERCIAL SUIT NO.242 OF 2019 ( CNR NO.: MHCC01-011490-2019) Gulabchand Jalamchand Vora HUF ...Plaintiff Versus Jitendra C Jain ...Defendant Appearances:- Advocate Mr.Ramesh Jan for the Plaintiff. Advocate Ms.Minal Parab for the Defendant CORAM : HIS HONOUR JUDGE DEEPAK L. BHAGWAT (C.R.NO.28) DATE : 20th February 2020 ORDER 1. Read the notice of motion and say to it. Heard both the Ld. advocates. It appears that summons was served on defendants on 23/12/2019. The defendant appeared on 07/02/2020. Time was granted to the defendant to file the written statement till 13/02/2020. However, due to personal difficulty the advocate could not attend the court on same date. Further some time was taken for the defendant to appoint the lawyer and give instructions to him to prepare the written statement. Therefore, the delay has been caused. The reasons -- 1 of 3 -- DRAFT NM IN COMMERCIAL SUIT 242/2019 2 mentioned for delay are satisfactory and sufficient to condone the delay. It is just and proper to decide the matter on merits by giving opportunity to the defendant to put his defence in writing. The written statement is read and already annexed to the present notice of motion. The inconvenience caused to the plaintiff due to delay may be compensated in terms of money. In this background, the notice of motion deserves to be allowed subject to cost. Hence, order as follows is passed. ORDER 1 The Notice of Motions is allowed and delay caused to file the written statement is condoned and no written statement order dated 13/02/2020 passed against the defendant is set aside and the written statement filed on behalf of the defendant be taken on record. 2. The notice of motion be registered for statistical purpose. (Deepak L. Bhagwat) Ad-Hoc Judge, Date: 20/02/2020 City Civil Court,Gr. Mumbai Dictated on : 20/02/2020 Signed on : 24/02/2020 -- 2 of 3 -- DRAFT NM IN COMMERCIAL SUIT 242/2019 3 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 28/02/2020 at 5.20p.m. Mrs.J.V.Pawar UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat (C.R.NO.28) Date of pronouncement of Judgment/Order 20/02/2020 Judgment/Order signed by P.O. on 24/02/2020 Judgment/Order uploaded on 28/02/2020 -- 3 of 3 --