Full Order Text
Final Order 1 · 24 Feb 2021 · CNR MHCC010003492020
Order Details: Notice of Motion Pdf Text: NM No.136-2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.136 OF 2020 IN S.C. SUIT NO.2311 OF 2019 CNR NO.MHCC01-000349-2020 Arun Bhikaji Chavan … Plaintiff Vs. Prakash Bhikaji Chavan & Anr. … Defendants Appearances: Ld. Adv Nalawade for the plaintiff. Ld. Adv Mhatre for defendant No.1. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 24th FEBRUARY 2021 ORAL ORDER Defendant No.1 has taken out this notice of motion under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for the condonation of the delay in filing a written statement. 2. Heard the learned Advocates for the plaintiff and defendant No.1. Perused the notice of motion, the affidavit filed in support thereof and the reply. Page 1 of 3 -- 1 of 3 -- NM No.136-2020 3. Considering the grounds stated in the affidavit filed in support of the notice of motion and in order to give an opportunity to defendant No.1 to put forth his defence, to my mind, it is expedient in the interest of justice to allow him to file a written statement by condoning the delay. At the same time, it is necessary to impose costs on him for the delay in filing a written statement. So, I hold that the notice of motion deserves to be allowed in terms of the prayer clause (a) subject to costs of Rs.200/-. Hence, the order: ORDER 1. Notice of Motion No.136 of 2020 is made absolute in terms of prayer clause (a) subject to costs of Rs.200/- which shall be paid to the plaintiff. 2. Notice of Motion No.136 of 2020 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 24/02/2021 City Civil Court, Gr. Bombay Dictated on : 24/02/2021 Transcribed on : 24/02/2021 HHJ signed on : 24/02/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 25.02.2021 3.37 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Page 2 of 3 -- 2 of 3 -- NM No.136-2020 Date of Pronouncement of JUDGEMENT /ORDER 24.02.2021 JUDGEMENT /ORDER signed by P.O. on 24.02.2021 JUDGEMENT /ORDER uploaded on 25.02.2021 Page 3 of 3 -- 3 of 3 --