Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010132972019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4878 OF 2019
IN
SUMMARY SUIT NO. 34 OF 2017
M/s. Vitrag Realtors Pvt Ltd. ... Plaintiff
V/s.
Urban Life Space Pvt Ltd. ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
JUDGE CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.59)
DATE : 05/02/2021
Adv. Ms. Leena Sapra for the plaintiff
Adv. Mr. Mayur V. Faria for the defendant
ORAL ORDER
1. 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 he was served with
the Writ of summons on 19.10.2019. It is contended by the defendant
that the suit was kept for hearing on 21.10.2019 and it was declared as
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2 N/M No.4878/2019
in Suit No.34/2017
holiday on account of election in Maharashtra and the matter was
adjourned. Similarly in the same week of year-2019, Diwali vacation
commenced and it was holiday for the Court. Therefore, inadvertently
defendant could not file his appearance and vakalatnama within
stipulated time. Therefore, 60 days delay is caused for filing appearance
and vakalatnama.
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 within stipulated time,
due to election and Diwali vacation to the Court. The reason given by
the defendant for delay is satisfactory. The delay caused for his
appearance and vakalatnama is not deliberate.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendants to file appearance and vakalatnama , the inconvenience
caused to the plaintiff can be compensated by saddling cost of
Rs.5000/- on the defendant. Hence, the order:
ORDER
1. The Notice of Motion No.4878/2019 is allowed.
2. The defendant is granted permission to file his appearance
and vakalatnama in the interest of justice subject to the cost
of Rs.5000/-, which shall be paid on or before next date to
the plaintiff.
3. The Notice of Motion No.4878/2019 is disposed of.
(Smt. S.G.Shaikh)
Date- 05/02/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 05/02/2021
Typed on : 05/02/2021
Signed on :
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3 N/M No.4878/2019
in Suit No.34/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/02/2021 10.55 a.m. ( Mayuresh P Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
05/02/2021
JUDGMENT/ORDER signed by
P.O.on
05/02/2021
JUDGMENT/ORDER uploaded on 06/02/2021
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