Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.2662020 ORDER 1
MHCC010006492020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.266 OF 2020
IN
SUMMARY SUIT NO.986 OF 2017
Mr Jethamal Mohanraj Mehta … Plaintiff
Vs.
Mr Sharad Sitaram Onkar … Defendant
Appearances:
Ld.Adv.Mr.Manish Rai for plaintiff.
Ld.Adv.Mr.Ganeshan for Defendant .
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 14th March 2022
ORDER
1. This Notice of Motion is filed by defendant and requested to
condone the delay of 198 days and allow him to file reply/written
Statement on record. It is the submission of defendant that his father
passed away, therefore, it was necessary for him to look after his
mother. Accordingly, time to time he has to visit the native place.
Therefore, he could not approach to the advocate. This is the reason of
delay. Accordingly, defendant requested to condone the delay.
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NM No.2662020 ORDER 2
2. The plaintiff has denied the contents of Notice of Motion and
requested to dismiss the same. In the suit Roznama it disclose that
sufficient time and opportunity has been granted to defendant.
However, after tendering of Notice of Motion the defendant was also
not vigilant to proceed with the same. Time to time the Notice of
Motion was posted for dismissal order. Accordingly, the defendant
remained present for argument. The reason shown by defendant is the
demise of his father. Considering said reason it can be said that it is
genuine reason for condoning the delay. Apart from that delay certainly
would cause loss to the plaintiff and needs to be compensated by giving
costs to him. Therefore, Notice of Motion is made absolute subject to
the costs of Rs.2000/ to the plaintiff and after payment of costs
defendant is allowed to file reply. Hence, following order is passed:
ORDER
1. Notice of Motion No.266 of 2020 is made absolute
subject to the costs of Rs.2000/ to the plaintiff
2. After payment of costs defendant is allowed to file
reply.
3. Notice of Motion No.266 of 2020 is disposed
of accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 14/03/2022 City Civil Court, Gr. Bombay
Dictated on : 14/03/2022,
Transcribed on : 17/03/2022,
HHJ signed on : 17/03/2022
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NM No.2662020 ORDER 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload
Date
Upload Time Name of Stenographer
17/03/2022 3.30p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room
No.)
HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
14/03/2022
JUDGEMENT /ORDER signed by P.O.
on
17/03/2022
JUDGEMENT /ORDER uploaded on 17/03/2022
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