Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4257 of 2019
in Summ. Suit No. 709 of 2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4257 OF 2019
IN
SUMMARY SUIT NO.709 OF 2017.
Mr.Charudatta Dattatray Tambe ... Plaintiff
V/s.
Mr.Mohammed Usman Shaikh ... defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 13.03.2020
Advocate, Jafari for plaintiff.
Advocate, Vyas for defendants.
ORDER
This is a notice of motion taken out by the defendants for
condonation of delay for filing reply to Summons for Judgment.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendants that during the relevant period
defendants were verifying the facts about the and its transaction for
giving instructions to the the advocate and therefore they file there
reply to the Summons for Judgment with in a stipulated period.
Therefore, 257 days delay is caused for filing reply to the Summons for
Judgment within stipulated period.
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2 N/M No. 4257 of 2019
in Suit No. 709 of 2017
4. Considering the submissions made by the advocates of the
plaintiff and the defendants, this court holds that during the relevant
period defendants were verifying the facts about the and its transaction
for giving instructions to the the advocate and therefore they file there
reply to the Summons for Judgment with in a stipulated period. The
reason given by the defendants for delay is satisfactory. The delay
caused for filing reply to Summons for Judgment in this Suit is
explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendants to file their reply to Summons for Judgment to the
Summons for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no. 4257 of 2019 is allowed subject
to cost of Rs.3,000/-. The cost shall be payable by the
defendant No.1 and 2 to the plaintiff on or before next
date.
2. The defendants No.1 and 2 are granted permission to file
reply to Summons for Judgment in the interest of justice
on payment of cost to the plaintiff.
3. The Notice of Motion No. 4257 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :13.03.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 13.03.2020.
Signed on : 13.03.2020.
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3 N/M No. 4257 of 2019
in Suit No. 709 of 2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
13.03.2020 05.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 13.03.2020
Order signed by P.O. on 13.03.2020
Order uploaded on 13.03.2020
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