Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4562 of 2019
in Summ. Suit No. 837 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4562 of 2019
IN
SUMMARY SUIT NO.837 of 2019.
Jeevandeep Edumedia Pvt. Ltd. .... Plaintiff
V/s.
Gurukul Pre-primary English medium school
and ors. .... Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 27.02.2020
Advocate, Ritika Iyer for plaintiff.
Advocate, Chavan for Defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing his appearance and Vakalatnama on
record. 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 the relevant there
was lack of communication as the defendant school is situated in Tribal
area. Therefore, 31 days delay is caused for filing his appearance and
his Vakalatnama on record in this suit.
4. Considering the submissions made by the advocates of the
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2 N/M No. 4562 of 2019
in Suit No. 837 of 2019
plaintiff and the defendant, this court holds that during the relevant
there was lack of communication as the defendant school is situated in
Tribal area, the delay was caused for filing appearance and Vakalatnama
on record within stipulated period. The reason given by the defendants
for delay is satisfactory. The delay caused for filing filing his
appearance and Valalatnama on record 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 filing his appearance and Valalatnama on record to
the Summons for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no.4562 of 2019 is allowed subject
to cost of Rs.1,000/-. The cost shall be payable by the
defendant to the plaintiff on or before next date.
2. The defendant is granted permission to file file his
appearance and Vakalatnama on record in the interest of
justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 4562 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 27.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 27.02.2020.
Signed on : 27.02.2020.
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3 N/M No. 4562 of 2019
in Suit No. 837 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
27.02.2020 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 27.02.2020
Order signed by P.O. on 27.02.2020
Order uploaded on 27.02.2020
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