Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4477 of 2019
in Summ. Suit No. 720 of 2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4477 OF 2019
IN
SUMMARY SUIT NO.720 OF 2017.
V.K. Industries Corporation Ltd. ... Plaintiff
V/s.
Emperius Infralogistics Pvt. Ltd. and Ors. ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 02.03.2019
Advocate, Hitesh Mavadia for plaintiff.
Advocate, Amey Deshpande for defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing reply to Summons for Judgment. The
plaintiff has filed reply to the same.
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 defendant that during relevant period his
authorized signatory was suffering from Dengue fever and was advice
to take rest and therefore defendant could not file reply to the
Summons for Judgment with in a stipulated period. Therefore, 6 days
delay is caused for filing reply to the Summons for Judgment within
stipulated period.
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2 N/M No. 4477 of 2019
in Suit No. 720 of 2017
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this court holds that during relevant period
his authorized signatory was suffering from Dengue fever and was
advice to take rest defendant could not file reply to the Summons for
Judgment with in a stipulated period. The reason given by the
defendant for delay is satisfactory. The delay caused for filing reply to
Summons for Judgment 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
defendant to file his reply to Summons for Judgment to the Summons
for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no.4477 of 2019 is allowed in the
interest of Justice.
2. The defendant is granted permission to file reply to
Summons for Judgment in the interest of justice.
3. The Notice of Motion No. 4477 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :02.03.2019 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 02.03.2019.
Signed on : 02.03.2019.
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3 N/M No. 4477 of 2019
in Suit No. 720 of 2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
02.03.2019 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 02.03.2019
Order signed by P.O. on 02.03.2019
Order uploaded on 02.03.2019
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