Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/m No.4407/2019
in Summ. Suit No.399/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4407 OF 2019
IN
SUMMARY SUIT NO.399 OF 2019
(CNR NO. MHCC01-012099-2019)
Ms. Smita Ambala Patel .... Plaintiff
V/s.
Mr. Mangesh Manubhai Chokshi .... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.59).
DATE : 05/01/2021
Appearance
Plaintiff in person.
Adv. Mr. Vijay Nene for the defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing reply to summons for judgment/leave to
defend. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff.
Heard plaintiff in person and advocate for the defendant at the length.
3. It is contended by the defendant that during the relevant
the defendant was looking for an advocate, who proceed the matter at
Mumbai and he took considerable period to engage an advocate.
Therefore, 10 days delay is caused filing reply to summons for
judgment/leave to defend.
4. Considering the submissions made by the advocate of the
defendant, this court holds that during the relevant as the defendant is
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2 N/M No. 4407of 2019
in Suit No. 399 of 2019
from Ahmedabad, he was looking for an advocate, who proceed the
matter at Mumbai and he took considerable period to engage an
advocate. Therefore he could not find his reply/leave to defend to the
summons for judgment within a stipulated time. The reason given by
the defendant for delay is satisfactory. The delay caused for filing reply
to summons for judgment/leave to defend. is explained properly to the
satisfaction of the Court.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file his reply to summons for judgment/leave to defend on
record. Hence, the order. :
ORDER
1. The Notice of Motion No.4407 of 2019 is allowed subject
to cost of Rs.5,000/-. The cost shall be payable by the
defendant to the plaintiff on or before next date.
2. The defendant is granted permission to file reply to
summons for judgment/leave to defend on record in the
interest of justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 4407of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 05.01.2021 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Dictated on : 05.01.2021
Typed on : 05.01.2021
Signed on : 05.01.2021
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3 N/M No. 4407of 2019
in Suit No. 399 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.01.2021 04.30 p.m. ( M.P Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
05.01.2021
JUDGMENT/ORDER signed by
P.O.on
05.01.2021
JUDGMENT/ORDER uploaded on 05.01.2021
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