Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4866 of 2019
in Summ. Suit No. 943 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4866 OF 2019
(CNR No.MHCC010132702019)
IN
SUMMARY SUIT NO.943 OF 2019.
M/s. K.K. Enterprises ... Plaintiff
V/s.
Indian Cancer Society ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 01.02.2020
Appearances:
Mr. R.R. Nair, Advocate for plaintiff.
Ms. Aakansha I/b Solicis Lex, Advocate for defendant.
: ORDER :
This is a notice of motion taken out by the defendant for
condonation of delay for filing 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 it is charitable trust and the
defendant was unable to enter his appearance within 10 days from the
date of service of summons due to unavailability of its Board of Trustees
and was unable to pass resolution for appointment of authorised
representative. Therefore, 25 days delay is caused for filing his
appearance and his Vakalatnama on record in this suit.
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2 N/M No. 4866 of 2018
in Suit No. 943 of 2018
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the defendant was
unable to file his appearance and Vakalatnama in this suit. The reason
given by the defendant of not passing of resolution for appointment of
authorised representative due to unavailability of it's Board of Trustee
for delay is satisfactory. The delay caused for filing appearance and
Vakalatnama in this Suit is explained properly.
5. In this background, the Notice of Motion deserves to be allowed
in the interest of justice and in consequence allowing the defendant to
file appearance and Vakalatnama to defend to the Summons for
Judgment. Hence, I pass following order.
ORDER
1. The Notice of Motion no.4866 of 2019 is allowed, subject
to cost of Rs.1000/, which shall be paid by the
defendant to the plaintiff, on or before next date.
2. The defendant is granted permission to put his
appearance and Vakalatnama in the interest of justice.
3. The Notice of Motion No. 4866 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 01.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 01.02.2020.
Signed on : 01.02.2020.
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3 N/M No. 4866 of 2018
in Suit No. 943 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
16.01.2020 05.00 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 13.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 16.01.2020
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4 N/M No. 4866 of 2018
in Suit No. 943 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.05 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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