Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.4897-19
in Sum Suit No.1133-16
MHCC010133822019
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
NOTICE OF MOTION NO. 4897 OF 2019
IN
SUMMARY SUIT NO. 1133 OF 2016
Sheela Bablani
...Plaintiff
Versus
Paradyne Infoservices Pt. Ltd. &
Ors.
...Defendants
Appearance :
Ld. advocate Ms. Rekha Shukla for plaintiff.
Ld advocate Mr. Ambekar for defendant Nos. 2 and 3.
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 19-01-2023.
ORDER
(Dictated and pronounced in open Court)
By way of present Notice of Motion defendant Nos.2 and 3
prays to set aside order of ‘no say’ dated 4-10-2019 and to condone delay
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of 288 days in filing reply to Summons for Judgment.
2. Heard Mr. Ambekar for defendant Nos. 2 and 3.
3. Plaintiff till date has not filed reply to the present Notice of
Motion, though Notice of Motion is filed in the year 2019 and served
long back.
4. The record reveals that defendant Nos. 2 and 3 had moved
Notice of Motion No. 3589/2017 seeking condonation of delay of 60
days in filing reply to Summons for Judgment. Said Notice of Motion
was contested by the plaintiff. By order dated 02-03-2019, my learned
predecessor had allowed the Notice of Motion subject to cost of
Rs.1,000/-. However defendants failed to deposit the cost, again order
of proceeding without reply to Summons for Judgment was passed on
4-10-2019.
5. Thus, by present Notice of Motion defendant Nos. 2 and 3
seek to set aside the order dated 4-10-2019 and thereby seek leave to
deposit the cost of Rs.1,000/- and further leave to tender reply to
Summons for Judgment.
6. From the record it is clear that this Court had allowed
earlier delay in filing reply to Summons for Judgment on meager cost of
Rs.1,000/-, however still defendant failed to comply the same. That has
added further delay in the proceedings. It is contended that there are
several suits pending between the parties. Defendants have duly filed
reply in other suits, however due to over sight and inadvertence cost
imposed by this Court was remained to be paid. He further submits that
there is no intentional or deliberate delay.
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7. Defendant Nos.2 and 3 have mentioned the delay of 288
days. Even though the submission of defendants regarding inadvertence
is accepted, still there is considerable delay in proceeding. However,
considering the fact that plaintiff has not filed reply and fact that
already the delay in filing reply to Summons for Judgment was
condoned, I find that rejection of Notice of Motion would be too harsh
order, which would deprive the defendants to contest the Summons for
Judgment. Considering the delay caused, I find that the cost of
Rs. 8,000/-, would meet ends of justice. Hence, I pass the following
order.
ORDER
1. Notice of Motion No. 4897/2019 is allowed subject to cost of Rs.
8,000/- ( Rupees Eight Thousand only).
2. Cost to be paid to the DLSA, Mumai within two weeks from the
date of this order.
3. Defendant Nos. 2 and 3 is also required to comply the earlier
order of depositing cost, dated 2-03-2019, within two weeks from
this order.
4. Notice of Motion is disposed of accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai
Date-19-01-2023 Court Room No.61
Dictated on : 19-01-2023
Transcribed on : 21-01-2023
Signed on : 23-01-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23-01-2023 at 5.55p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
19-01-2023
JUDGMENT/ORDER signed by P. O. on 23-01-2023
JUDGMENT/ORDER uploaded on 23-01-2023
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