Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 488/21 in Suit No. 21/2020. 1 Order.
MHCC010015512021
Presented on : 18-02-2021
Registered on : 18-02-2021
Decided on : 18-02-2021
Duration : 0 years, 0 months, 0 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 488 OF 2021
IN
COMMERCIAL SUIT NO. 21 OF 2020
Mrs. Jayshree Sharma and Another ...Plaintiffs
Versus
Nirmal Lifestyle Limited ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th FEBRUARY, 2021.
Ms. Mona Vyas, Advocate for Plaintiff.
Mr. Shreyas Lele, Advocate for Defendants.
ORDER
This is a motion preferred by defendant to condone the
delay of 343 days in filing written statement. Perused reply endorsed
by plaintiff, prayed for heavy cost.
2. Learned Adv. Lele for defendant submits that there is no
intentional delay on the part of defendant. It is added that defendant is
ready alongwith written statement and copy is also served to plaintiff.
It is consented for nominal cost.
3. Learned Adv. Mona Vyas for plaintiff submits that this is a
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N/m No. 488/21 in Suit No. 21/2020. 2 Order.
suit for recovery of rupees 61 lakhs. It is submitted that even Rs.10/-
per day cost is imposed, it shall be not less than Rs.3,400/-. It is
submitted to reject the motion, in the alternative, it is prayed for heavy
cost.
4. Perused affidavit in support with present motion. It is
mentioned that during the period of lockdown, defendant was not in a
position to approach the lawyer, furnish the information, no facility of
transportation etc. Considering bonafides of the defendants that he is
present alongwith written statement and ready to co-operate the Court
in speedy disposal, the cost of Rs.1,500/- will suffice the ends of justice.
Hence the order :
- ORDER -
1. Notice of Motion No. 488/2021 is allowed.
2. Impugned delay as prayed is condoned subject to cost of
Rs.1,500/- (Rupees One Thousand Five Hundred Only) be
paid to plaintiff within 10 days.
3. Written statement is marked as Exh.4. (Copy of W.S. is
served on plaintiff.)
4. N/m No. 488/2021 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/02/2021. Mumbai.
1. Dictated on : 18/02/2021.
2. Transcribed on : 22/02/2021.
3. Signed on : 22/02/2021.
4. Delivered to Certified :
Copy Section on
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N/m No. 488/21 in Suit No. 21/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/02/2021. 2.56 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 18/02/2021.
Judgment/Order signed by P.O. on 22/02/2021.
Judgment/Order uploaded on 22/02/2021.
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