Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
MHCC010001302019
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 2644 OF 2022
IN
SUMMARY SUIT NO.521 OF 2019
Mr.Ashfaque Jilani Sayed. ...Plaintiff
V/s.
Mrs.Shadab Nadim Qureshi. ...Defendants
Appearance :
Adv. Mr. Qureshi for for Plaintiff.
Adv. Mr. Vishwakarma for defendants.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 04/08/2022.
ORDER
Through the present Notice of Motion defendant seeks
condonation of delay of 193 days in filing reply to Summons for
Judgment.
2. Perused Notice of Motion and affidavit in support. So also
perused reply filed by the plaintiff.
3. Learned advocate for defendant submits that copy of
Summons for Judgment was served on the defendant on 21.12.2021 i.e.
in midst of Corona period. He submits that due to Lockdown restrictions
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he could not contact her advocate and ultimately delay is occurred. He
submits that practically there is delay of hardly 8 days excluding period
condoned by the Hon'ble Supreme Court owing to the Lockdown.
3. Per contra learned advocate for plaintiff vehemently
objected Notice of Motion. He pointed out that inspite of taking off
Lockdown, the defendant has not filed present Notice of Motion
deliberately. He submits that considering nature of proceeding i.e.
summary, no such huge delay can be condoned. In alternate he submits
that if this court comes to the conclusion to allow Notice of Motion,
heavy costs be imposed.
4. From the record it is admitted fact that Summons for
Judgment is served on defendant on 21.12.2021. It is equally admitted
position that the Hon'ble Apex Court vide orders in Suo Motu Writ
Petition No.3/2020, from time to time, has extended the period of
limitation for all kind of applications from 15.3.2020 to 28.2.2022. So,
also the Hon'ble Apex Court has pleased to grant further extension of 90
days for unexpired period of limitation during the Pandemic period.
Taking into consideration the circumstances, I find effective delay is
around 15 days. Considering the same it would be just and proper to
condone the delay. As this is summary proceeding delay of 10 to 15
days is also can be argued to be excessive by the plaintiff. However, in
the interest of justice the same needs to be condoned subject to certain
conditions so as to balance equities. Hence, the order.
ORDER
1. Notice of Motion No.2644 of 2022 is allowed subject to costs of
Rs.2500/ (Rupees Two Thousand Five Hundred only).
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2. Costs to be deposited/paid to the plaintiff within two weeks.
3. After depositing the amount the reply be taken on record.
4. Notice of Motion No.2644 of 2022 is disposed of accordingly.
Date 04/08/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
Dictated on : 04/08/2022
Transcribed on : 06/08/2022
Signed on : 08/08/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22.08.2022 at 12.46p.m. Mr.Vishnu S.Shinde
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
04.08.2022
JUDGMENT/ORDER signed by P. O. on 08.08.2022
JUDGMENT/ORDER uploaded on 22.08.2022
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