Full Order Text
Final Order 1 · 18 Jan 2021 · CNR MHCC010126912019
Order Details: Notice of Motion Pdf Text: NM No.4615-2019 MHCC010126912019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.4615 OF 2019 IN S.C. SUIT NO.2042 OF 2019 Roshan Ramesh Patil & Ors. … Plaintiffs Vs. Shishir Mangesh Shivapurkar & Ors. … Defendant Appearances: None for plaintiffs Ld. Adv. Vijay Sharma for defendant No.1. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 18th JANUARY 2021 ORAL ORDER Defendant No.1 has taken out this notice of motion for setting aside “No WS” order passed against him. 2. Heard the learned Advocate for defendant No.1. Perused the notice of motion and affidavit filed in support thereof. Page 1 of 3 -- 1 of 3 -- NM No.4615-2019 3. Plaintiffs have not filed reply to the notice of motion. The learned Advocate for plaintiffs had submitted to the order of the Court for the present motion. It is, thus, clear that plaintiffs do not have serious objection to set aside “No WS” order passed against defendant No.1. Considering the said fact and reasons stated in the affidavit filed in support of the notice of motion, and to have the suit decided on merits, to my mind, it is expedient in the interest of justice to set aside “No WS” order passed against defendant No.1 by condoning the delay in filing a written statement. At the same time, it is necessary to saddle defendant No.1 with costs for the daly in filing a written statement within the statutory period. So, I hold that the notice of motion deserves to be allowed with costs. Hence, the order:- ORDER 1. Notice of Motion No.4615 of 2019 is made absolute in terms of prayer clauses (a) and (b) subject to payment of cost of Rs.1,000/- to plaintiffs. 2. Notice of Motion No.4615 of 2019 is accordingly disposed of. R. S. PAVASKAR Judge, Dated : 18/01/2021 City Civil Court, Gr. Bombay Dictated on : 18/01/2021 Transcribed on : 18/01/2021 HHJ signed on : 18/01/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer Page 2 of 3 -- 2 of 3 -- NM No.4615-2019 19.01.2021 3.16 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGEMENT /ORDER 18.01.2021 JUDGEMENT /ORDER signed by P.O. on 18.01.2021 JUDGEMENT /ORDER uploaded on 19.01.2021 Page 3 of 3 -- 3 of 3 --