Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION N0.4894 OF 2019
IN
SHORT CAUSE SUIT NO.1011 OF 2019
(CNR No.MHCC01-013364-2019)
Top Office Pros Business Services Private Limited )...Applicant
In the matter between )
Import Express India Private Limited )...Plaintiff.
Versus )
1. Mridula Soni & Ors. )...Defendants.
Appearance:-
Ld. Advocate Shreni Sheth for plaintiff
Adv. Tushar Yelkar for defendant no.2.
Adv. Aniket Malu for defendant no. 3.
Advocate Akshay Petkar for defendant no.5.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE : 18/02/2020(C.R.No.31)
O R D E R
This is a notice of motion taken out by the defendant no.5 for
accepting their written statement by set asiding no W.S.order. This
notice of motion resisted on behalf of plaintiff for filing its reply. Read
the present notice of motion, reply of the plaintiff. Heard both the
learned counsels on behalf of both the sides at length. Perused record.
2. On scrutiny of pleadings of both the parties and on perusal of the
record, it appears to me that no W.S. order passed against defendant
no.5. This notice of motion taken out by the defendants dated
20/12/2019. Admittedly, there is delay for about 113 days. The learned
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counsel on behalf of the defendant no.5 is submitted that considering
reasons mentioned in this notice of motion, the defendants are ready to
pay minimum costs, if the Hon'ble Court imposed. The learned counsel
on behalf of the plaintiff has submitted that if this Hon'ble Court come
to the conclusion for allowing this notice of motion, then maximum cost
is to be imposed. Considering, arguments of both the learned counsels
on behalf of both the sides and reasons mentioned in this notice of
motion, I inclined to allow this notice of motion by imposing costs of
Rs.4,000/-. Hence, I have proceed to pass following order.
ORDER
1. NM No. 4894/19 is hereby allowed subject to cost of Rs. 4000/-
2. The defendant no. 5 shall deposit cost amount of Rs. 4000/- to
DLSA, Mumbai.
3. NM No. 4894/19 is disposed off accordingly.
Date : 18/02/2020 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 18/02/2020
Transcribed on: 18/02/2020
Signed by HHJ: 20/02/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
18/02/2020
Judgment/order signed by P.O on 20/02/2020
Judgment/order uploaded on 20/02/2020
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