Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M No. 137 of 2020
in Suit No. 698 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.137/2020
IN
SUIT NO.698/2019.
Mr. Dashrath Lodiram Yadav ... Plaintiff
V/s.
Mr. Vinayak Paneerselvam .. Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20.01.2020
Mr.Sunil h/f Adv Ganu, Advocate for plaintiff.
Mr.Pankaj Trilotkar, Advocate for Defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing his appearance and vakalatnama of his
advocate on record. The plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that the writ of summons was
received by him on 03.10.2019. During the said period his
grandmother was suffering from severe health issues and he was taking
care of her. It is further contended by the defendant that his
grandmother was expired on 01.11.2019 and therefore, he could not
filed his appearance within 10 days from the date of service of suit
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2 N/M No. 137 of 2020
in Suit No. 698 of 2019
summons. He further contended that the delay is not delibrate.
The advocate for the defendant contended that this application be
allowed subject to costs.
4. Considering the submissions made by the advocates of the
plaintiff and the defendant this court holds that the defendant was
unable appeared in the matter due to illness and death of his grand
mother and therefore he could not file vakalatnama within 10 days
from the date of service summons. The delay of 86 days is
explained by the defendant.
5. In these backgrounds, the notice of motions deserves to be
allowed subject to costs of Rs.2,000/ which shall be paid to the
plaintiff before next date and in consequence allowing the
defendant to file vakalatnama on record of this suit. Hence, the
order. :
ORDER
1. The notice of motion no.137 of 2020 is allowed subject to
cost of Rs.2,000/ (Rs.Two Thousand only) be paid to the
plaintiff before next date.
2. The defendant is granted permission to put his
appearance and vakalatnama in this suit after payment of
cost within stipulated period.
3. Notice of Motion No. 137 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date:20.01.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 20.01.2020
Signed on :
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3 N/M No. 137 of 2020
in Suit No. 698 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
21.01.2020 at 02.45 pm. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 20.01.2020
Order signed by P.O. on 20.01.2020
Order uploaded on 21.01.2020
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