Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC010121982019
IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 4457 OF 2019
IN
COMMERCIAL SUIT NO. 60/2019
New Globe Logistic LLP ]...Plaintiff
V/s.
1. M/S. M. Square International ]
2. Mr. Mayur N. Mistry ]
3. Mr. Sanket C. Mane ]... Defendants
Appearances:
Ld. Adv.Chaitanyaa Bhandarkar for plaintiff.
Ld. Adv. Ram Laxmipalli for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 25th February, 2021.
ORDER
The defendants by this notice of motion seeks the
permission to file written statement. The defendants also seeks to
condone the delay of 78 days in filing the written statement.
2. Heard learned Advocate for the plaintiff and learned
Advocate for the defendants.
3. It is the contention of the defendants that, it was served
with writ of summons on 25.07.2019. It is stated that vakalatnama was
filed on 20.08.2019 and the suit was adjourned to 07.09.2019. It is
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Order on NM No.4457-19 .. 2..
contended that the written statement could not be filed as there was no
proper communication with his Advocate. It is stated that there is delay
of 78 days in filing written statement. The delay is caused because of
lack of knowledge of the provisions of law. The delay is not intentional.
The defendant, accordingly had sought to condone the
delay and permission to file written statement.
4. The plaintiff had not filed reply to the notice of motion.
The notice is motion is opposed by the plaintiff. The plaintiff had prayed
for rejection of notice of motion.
5. Admittedly, the service of writ of summons show that
defendants has served on 03.08.2019 and Notice of Motion is filed on
26.11.2019.
6. The period of 120 days is not over. The reasons mentioned
in the notice of motion for delay shows that because of lack of
knowledge of law, the defendant could not file the written statement
within stipulated period. The delay in filing the written statement,
therefore, deserves to be condoned. The interest of the plaintiff can be
secured by awarding cost. The defendants are permitted to file the
written statement subject to cost of Rs. 1,000/ to be paid to the
plaintiff.
In the result, following order is passed.
O R D E R
1. The Notice of Motion No. 4457/2019 is allowed.
2. The delay to file the written statement is condoned.
3. The defendants are permitted to file the written statement subject to
cost of Rs. 1,000/ to be paid to the plaintiff.
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4. The notice of motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 25.02.2021 Gr.Bombay at Mumbai.
Dictated on : 25.02.2021
Typed on : 01.03.2021
Signed by H.H.J.on : 01.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.03.2021 at 5.40 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
25.02.2021
Judgment/order signed by P.O. on 01.03.2021
Judgment/order uploaded on 01.03.2021
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