Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No.152/2018 in Suit No.2598/2016
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.152 OF 2018
IN
S.C.SUIT NO. 2598 OF 2016
Mrs. Zaibunnisa Mohd. Yakub Khan ]
Age 79 years, Occupation: Housewife, ]
410/B New Mehtab Building, S.D. Barve ]
Marg, Near L Ward Municipal Office, ]
Kurla (West), Mumbai 400 070. ].. Plaintiff.
V/s.
1 M/s. Sayba Home Makers, ]
through its partner, Mr. Ismail ]
Yakub Payak (2) Mr. Abdul Rahim ]
I. Payak, having address at Sayba ]
Palace, Near New Post Office, ]
New Mill Road, Kurla (West), ]
Mumbai – 400 070. ]
2 Mr. Fazlur Rehman Abdul Wahab ]
residing at 68/6A, Sadariwala ]
Chawl, Near Bharat Cinema, ]
Station Road, Kurla (West), ]
Mumbai400070. ]..Defendants.
Advocate Ms. Joshi for defendant no.1.
Advocate Mr. Sagar Batavia for the plaintiff.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.01)
DATE : 5th JUNE 2018
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2 N/M No.152/2018 in Suit No.2598/2016
ORAL ORDER
This Notice of Motion has been taken out by defendant
no.1 for condonation of delay in filing written statement. Alongwith
notice of motion, defendant no.1 has tendered written statement.
2 Perused affidavit in support of notice of motion and say
filed by the plaintiff. It appears that the plaintiff has resisted this notice
of motion considering the two years delay caused by defendant no.1 in
filing written statement.
3 Heard the learned advocate for defendant no.1 and learned
advocate for the plaintiff. Affidavit in support of notice of motion,
discloses reason that the partner of defendant no.1 required to give
instructions in respect of police complaint and he was not in a position
to get the said complaint. Further, it is staed by the partner of
defendant no.1 that there was miscommunication between him and his
advocate. Thus, for above reasons, he has requested for condonation of
delay.
4 Considering reason of miscommunication between the
partner of defendant no.1 and his advocate, it appears just to give an
opportunity to defendant no.1. In order to decide real controversial
issues involved in the suit on merits and to avoid multiplicity of the
proceedings, it is just and fair to give opportunity to defendant no.1.
While giving opportunity to defendant no.1, delay caused is to be taken
into consideration and for that it is necessary to impose costs upon
defendant no.1. Therefore, considering delay of two years heavy costs
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3 N/M No.152/2018 in Suit No.2598/2016
is to be imposed upon defendant no.1, while allowing notice of motion.
With this, I proceed to pass the following order:
ORDER
Notice of Motion No.152 of 2018 is made absolute in terms
of prayer clause (a) subject to the payment of costs of Rs.8,000/
(Rupees Eight Thousand only) payable by defendant no.1 to the
plaintiff on or before next date.
2 On payment of costs, already tendered written statement
by defendant no.1 be taken on record on the next date.
3 Notice of Motion No.152 of 2018 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 05/07/2018. City Civil Court,
Gr. Bombay.
Dictated on : 05/07/2018
Transcribed on : 06/07/2018
Signed on : 07/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/07/2018 At 5.30 a.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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4 N/M No.152/2018 in Suit No.2598/2016
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.01)
Date of pronouncement of
Judgment/Order
05/07/2018
Judgment/Order signed by P.O. on 07/07/2018
Judgment/Order uploaded on 07/07/2018
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