Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4835/19 in Comm. Suit No. 783/21. 1 Order.
MHCC010132122019
Presented on : 17-12-2019
Registered on : 17-12-2019
Decided on : 20-11-2021
Duration : 1 years, 11 months, 3 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4835 OF 2019
IN
COMMERCIAL SUIT NO. 783 OF 2021
Surajmal Pukhraj Mehta ...Plaintiff
Versus
M/s Aura Incorporated and Others ...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 20th NOVEMBER, 2021.
Shri S.R.Maurya, Advocate for the plaintiff.
Shri Rahul Theckedath, Advocate for the defendants.
ORDER
1. The defendant has filed present notice of motion for
condonation of 70 days delay in filing written statement on behalf of
the defendants. Perused notice of motion and reply given by the
plaintiff. Heard learned counsel Shri S.R.Maurya for the plaintiff and
learned counsel Shri Rahul Theckedath for the defendants.
2. On perusal of contents in notice of motion and affidavit of
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N/m No. 4835/19 in Comm. Suit No. 783/21. 2 Order.
service (Exh.7), it appears that writ of summons is duly served upon
defendant no.1 on 15/06/2019. Present notice of motion is taken out
on 24/09/2019. Written statement is also placed on record with notice
of motion. Similarly, vakalatnama (Exh.6) is also filed on record. In
short, the defendants approached the court after 102 days from the date
of service. Maximum limit to file written statement in commercial suit
is 120 days from the date of service as per amended Order VIII Rule 1 of
the CPC. Therefore, the defendants have not crossed outer limit to file
written statement. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 4835/2019 is made absolute in terms
of prayer clause (a).
2. Written Statement is marked as Exh.8.
3. The proceeding of N/m No. 4835/19 is closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 20/11/2021. Mumbai.
1. Dictated online on : 20/11/2021.
2. Signed on : 20/11/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 4835/19 in Comm. Suit No. 783/21. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/11/2021. 5.25 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 20/11/2021.
Judgment/Order signed by P.O. on 20/11/2021.
Judgment/Order uploaded on 20/11/2021.
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