Ilaben P.Kothari v. Turakhia Associates And ANR.

nms 900 of 2012 (925).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.900 OF 2012 IN SUIT NO.1690 OF 1986 Ilaben Pravinchandra Kothari ...

Plaintiff versus M/s. Turakhia Associates and Anr.

...

Defendants Mr. Shilpan Gaonkar with Mr. Nikhil Patil, for Plaintiff. Mr. J. D'Silva, for Defendant No.2 and for Applicant in support. None for Applicant in NMS No.1026 of 2012.

CORAM: S.J. KATHAWALLA, J.

DATE: 19 th OCTOBER, 2015 P.C.:

1.

The reliefs sought in the above Notice of Motion by the Defendant No. 2 are identical to the reliefs sought by the Defendant No.2 in Notice of Motion No.901 of 2012. The only difference is that the Defendant No.2 seeks condonation of delay of 1245 days in taking out the above Notice of Motion and the date of ex-parte decree is nd July, 2007. The grounds on which the delay is sought to be condoned and the exparte decree dated 2 nd July, 2007 is sought to be set aside, are identical to those pleaded in the Affidavit in support of the Notice of Motion No.901 of 2012. The Affidavits-in-Reply and Rejoinder filed therein are also identical. In view thereof, for the reasons set out in the order dated 19 th October, 2015 allowing the Notice of Motion No.901 of 2012, the above Notice of Motion is also allowed and the ex-parte decree ssp 1/2

nms 900 of 2012 (925).sxw dated 2 nd July, 2007 passed against Defendant No.2 is set aside. Since the claim in the Suit is below Rupees One Crore, office to forthwith forward the papers and proceedings to the City Civil Court, Mumbai, to enable the Court to proceed with the Suit against the Defendant No.2. The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2