Order 1

Order Details: Notice of Motion
Pdf Text: NM190 of 2018. : 1 : SU.No.1423/2017
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.190 OF 2018.
IN
L.C. SUIT NO. 1423 OF 2017
1. Mr. Mohan Khimji Boricha & Ors.. .. Plaintiff.
Versus
1. Maljibhai Khimji Boricha & Ors.. .. Defendants.
Advocate Mr. Manek for Plaintiff.
Advocate Mr. Yogendra M. Kanchan for Defendant Nos. 3 to 10.
Advocate Mrs. Valvi for BMC/Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 16th JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Defendant Nos. 3 to 10 have taken out this notice of motion to
condone the delay of 31 days in filing written statement. According to
defendant, writ of summons was served on defendant. However,
defendants were out of State. Therefore, they could not file the written
statement within stipulated period. There is a delay of 31 days in filing
written statement. According to defendant, no prejudice will be caused
to the plaintiff if application is allowed.
2. I have called say of plaintiff. According to plaintiff, there is no
ground for condonation of delay. No facts are stated about the delay.
Hence, prayed to dismiss the said motion.
3. I have heard both sides.
4. Defendant in support of their contention, filed affidavit of Geeta
Jivraj Patel. It appears that the delay is not intentional.
-- 1 of 3 --
NM190 of 2018. : 2 : SU.No.1423/2017
5. Considering the nature of litigation, I find that it is necessary to
bring the written statement of defendant on record. Hence, following
order :
O r d e r
Delay of 31 days for filing of the written statement is hereby
condoned subject to cost of Rs. 500/(Rupees Five Hundred Only.)
Date : 16.01.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 16.01.2018
Typed on : 16.01.2018
Signed by HHJ. : 16.01.2018
-- 2 of 3 --
NM190 of 2018. : 3 : SU.No.1423/2017
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
16.01.2018 /12.01 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
16.01.2018
JUDGEMENT/ORDER signed
by P.O. on
16.01.2018
JUDGEMENT/ORDER
uploaded on
16.01.2018
-- 3 of 3 --