Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM 4189/2019 in Sum Suit 182/2014
MHCC010114932019 NM filed on : 06/11/2019
Registered on : 13/11/2019
Decided on : 30/07/2025
Duration : 05Y : 08M : 25D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.4189 OF 2019
IN
SUMMARY SUIT NO.182 OF 2014 (DISPOSED OFF)
Prachit International School and Anr. ] ...Applicants
IN THE MATTER BETWEEN
M/s. Chetana Stationery ] ...Plaintiff
Versus
Prachit International School and Anr. ] ...Defendants
Appearance :-
Ld. Adv. S. G. Lakhani for plaintiff.
Ld. Adv. Ramdas Hake Patil for defendants/applicants.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 30/07/2025.
O R D E R
1) This notice of motion is filed for setting aside ex-parte
decree passed in Summary Suit No.182/2014 on 09/04/2015 with
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..2.. NM 4189/2019 in Sum Suit 182/2014
condonation of delay of 4 years 90 days. Plaintiff has filed the reply
opposing the notice of motion. Heard the parties.
2) According to defendants/applicants in notice of motion,
the ex-parte decree came to be passed in Summary Suit No.182/2014
on 09/04/2015 for recovery of amount. Neither the writ of summons
nor any notice was received by defendants. Defendants were not aware
about the proceedings. Hence, this notice of motion for setting aside
ex-parte decree.
3) According to plaintiff, writ of summons was served on the
defendants. Thereafter, the decree was passed as per law. Notice of
motion is moved after long delay of 4 years 90 days. No sufficient
cause has been made out for condonation of delay. There is no merit in
the notice of motion. Hence, it be disposed.
4) Evidently, this notice of motion has been filed after long
delay of 4 years 90 days for setting aside the ex-parte decree which
came to be passed on 09/04/2015. During the hearing of present
notice of motion, parties have settled the dispute amicably. They have
filed the terms of settlement vide Exh-08. Defendants have handed
over a cheque of Rs.80,000/- to the plaintiff. Plaintiff has agreed to
withdraw the execution application No.01/2019 after realization of
cheque. Defendants do not want to proceed with notice of motion in
view of the settlement. Hence, the notice of motion needs to be
disposed off. Therefore, I pass the following order :
ORDER
1. Notice of motion No.4189 of 2019 is disposed off in
view of Exh-08.
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2. Parties to bear their own costs.
3. Notice of motion is disposed off accordingly.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 30/07/2025.
Dictated and typed on : 30/07/2025.
Signed by HHJ on : 30/07/2025.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Sawant
Name of Stenographer01/08/2025 4.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
30/07/2025
JUDGMENT / ORDER signed by P.O.
on
30/07/2025
JUDGMENT / ORDER uploaded on 01/08/2025
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