Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 31 OF 2018
IN
SUMMARY SUIT NO. 1326 OF 2017
Ashok Mohansing Bajaj ).....Plaintiff
V/s.
1. Meena Padnabhan Sharma & anr. )...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. S.J.BIYANI
(C. R. No.: 28)
DATED : 22nd March, 2018,
Advocate Prasad Suresh Rane for defendants.
Advocate Kavita Lalwani for plaintiffs.
ORAL ORDER
This notice of motion is taken out by the defendants for
condoning the delay of 7 days in filing the vakalatnama and
appearance.
2. It is contended by the defendants that writ of summons
was served upon on her office address on 5/12/2017 and it was
received by their office Clerk. Thereafter, Clerk was handover the Writ
of Summons to their one of associate Mr. Jayant Surve on 06/12/2017.
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But, Jayant Surve was failed to inform the defendants about the Writ of
Summons as he was busy in grandmother's funeral and after dates
rituals. As soon as, defendants got writ of summons, they approached
to the advocate. Hence, delay of 7 days for filing vakalatnama. It is
further contended by the defendants that if the delay will be condoned
then no prejudice would cause to the plaintiff. On the other hand, if
delay will not be condoned then great prejudice will cause to the
defendants .
3. Learned Advocate for plaintiff has filed his reply overleaf
the notice of motion and contended that if the delay will be condone
then cost may be imposed on the defendants.
4. Heard Learned Advocate for both the parties.
5. The defendants seeking to condone the delay of seven days
in filing the vakalatnama on record. The reason mentioned in the
application for condonation of delay seems to be bonafide. There is no
inordinate delay in filing the vakalatnama on record. Considering the
submissions of defendants for condoning the delay, I am of the
considered opinion that as the delay is not inordinate and proper
explanation for the delay has been put forth by the defendants hence,
delay is liable to condone. Therefore, I pass following order.
O R D E R
1. Notice of Motion no.31/18 is hereby allowed.
2. Delay of seven days in filing the Vakalatnama is hereby
condoned subject to cost of Rs. 500/ to be paid to the
plaintiff on or before next date.
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3. Notice of Motion is disposed of accordingly.
(S.J.Biyani)
Judge,
Date : 22/03/2018 City Civil Court, Gr. Bombay
Dictated on : 22/03/2018
Transcribed on : 22/03/2018
Signed on : 22/03/2018
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
23/03/2018 5.45p.m. Mrs.Vidya V. Malgaonkar
Name of the Judge HHJ Shri S.J.Biyani(CR No.28)
Date of Pronouncement of
Judgement/Order.
22/03/2018
Judgement/order signed by P.O on 22/03/2018
Judgement/order uploaded on 23/03/2018
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