Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M No.76/2020 in Suit No.557/2019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 76 OF 2020
(C.N.R. No. MHCC01-000184-2020)
IN
S. C. SUIT NO. 557 OF 2019
C.N.R. No. MHCC01-013567-2018)
Mr. Anil Cyril Rebellow ]..Plaintiff.
V/s.
1. The Deputy Collector and Competent ]
Authority and another. ]..Defendants.
Advocate Mr. Paramjit Singh for the defendant no.2.
Advocate Mr. Shreyas Bhatkar for the plaintiff.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 12th MARCH, 2020
ORAL ORDER
This notice of motion is taken out by the defendant no.2
praying to condone the delay of 72 days in filing written statement and
to allow him to file the written statement on record.
2 The grounds for delay to file written statement as set out in
the affidavit in support of the notice of motion are that the wife of the
defendant no.2 was suffering from Uterus Cancer and was under
treatment. On 09.07.2019, she was hospitalized in Saifee Hospital,
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2 N.M No.76/2020 in Suit No.557/2019
Charni Road and he was taking care of her during the said treatment.
There is nobody except the defendant no.2 to look after her in such
critical conditions. In the month of October 2019, he contacted his
advocate and gave instruction to draft and file written statement. It
was accordingly, drafted and sought to be filed. However, there is delay
of 72 days as the written statement ought to have been filed within 30
days. The delay is not intentional, but it was unavoidable. The
defendant no.7, therefore, prays to condone such delay.
3 The plaintiff has resisted this notice of motion by filing
affidavit-in-reply contending that grounds for condonation of delay are
not supported by the medical evidence and they are illusionary in
nature. Thus, delay is not properly explained. Therefore, this notice of
motion is liable to be dismissed.
4 Heard the learned advocate for both the parties and
considered the grounds for condonation of delay. Considering the
medical ground as raised by the defendant no.2 and period of delay, the
prayer made in this notice of motion is required to be considered
liberally. The delay does not appear to be deliberate. Hence, such delay
can be condoned with reasonable cost to the plaintiff. Hence, the order.
ORDER
Notice of Motion No. 76 of 2020 is made absolute by
condoning the delay and allowing the defendant no.2 to file written
statement on record subject to payment of cost of Rs.1,000/- (Rupees
One Thousand only) to the plaintiff payable on or before next date.
2 On payment of such cost, written statement of the
defendant no.2 is allowed to be taken on record.
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3 N.M No.76/2020 in Suit No.557/2019
3 Notice of Motion No.76 of 2020 stands disposed of
accordingly.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 12/03/2020. Gr. Bombay.
Dictated on : 12/03/2020
Transcribed on : 12/03/2020
Signed on : 12/03/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/03/2020 At 12.05 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
12/03/2020
Judgment/Order signed by P.O. on 12/03/2020
Judgment/Order uploaded on 13/03/2020
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4 N.M No.76/2020 in Suit No.557/2019
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