Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4981 of 2019
in Summ. Suit No. 835 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4981 OF 2019
(CNR No.MHCC010135972019)
IN
SUMMARY SUIT NO.835 OF 2019.
Hirachand Mehta ... Plaintiff
V/s.
Nexus Diagnostice & Anr. ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 01.02.2020.
Appearances:
Ms. Bhakti Bhosle, Advocate for plaintiff.
Mr. Chhangur S. Chauhan, 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 office clerk of the defendant
had kept the summons received in the locker and he had been in his
native place as his father was sick. In these circumstances, defendant
was unable to hand over the summons to his advocate for appearing in
the suit. Therefore, 68 days delay is caused for filing his appearance and
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2 N/M No. 4981 of 2018
in Suit No. 835 of 2018
his Vakalatnama on record in this suit.
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 the personal difficulty of office clerk for delay
is satisfactory. The delay caused for filing appearance and Vakalatnama
in this Suit is explained properly.
5. In these backgrounds, 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.4981 of 2019 is allowed, subject
to cost of Rs.2000/, 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. 4981 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. 4981 of 2018
in Suit No. 835 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. 4981 of 2018
in Suit No. 835 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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