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Court Order

Final Order 1

CNR MHCC01000248201927 Feb 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 27 Feb 2019 · CNR MHCC010002482019

Order Details: Notice of Motion
Pdf Text: 1/2 N/M No.99/2019 in Su.97/2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010002482019
NOTICE OF MOTION NO.99/2019
IN
SUIT NO.97 OF 2018
Mrs. Neeta D. Thakkar & Anr. ...Plaintiffs
V/s.
Bharat Odhavji Thakkar & Anr. ...Defendants
Adv. Ghadigaonkar for plaintiffs.
Adv. Mane for defendant no.1.
Defendant no.2 in person.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 27.2.2019.
ORDER
(Dictated in open court)
By this notice of motion, the defendant no.1 is praying for
condonation of delay of 18 days in filing the written statement. The
plaintiffs have not filed reply to the motion.
2. Heard both sides. Perused the record.
3. It is stated in the affidavit filed in support of the motion that
defendant no.1 was not keeping well in the month of November 2018
due to old age and diabetic problem. Hence he was unable to give
instructions to his Advocate to prepare written statement. Therefore
there is delay of 18 days in filing written statement. The Ld. Counsel
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2/2 N/M No.99/2019 in Su.97/2018
for plaintiffs has not raised any specific objection to this motion.
There is no reason to disbelieve the cause for delay given in the
affidavit by the defendant no.1. Hence the delay is liable to be
condoned and defendant no.1 can be permitted to file written
statement. Hence, following order.
ORDER
Notice of motion no. 99/2019 is made absolute in
terms of prayer clause(a).
(G.R. Agrawal)
Judge, City Civil Court,
Gr. Bombay.
Dictated on : 27.2.2019
Transcribed on : 28.2.2019
Signed on : 28.2.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
1.3.2019 at 10.40 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
27.2.2019
JUDGMENT/ORDER signed by
P.O. on
28.2.2019
JUDGMENT/ORDER uploaded
on
1.3.2019
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