Final Order 1

Order Details: Chamber summons
Pdf Text: 16.10.2024
Sr. No.64
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
Suit 3277/10
Ch/s 103/18
Adv. Hamid Sayyed for plaintiff present.
Order below Ch/s 103/18
This Ch.s is moved for condoning the delay of 1532 days in serving
of notice of Ch/s 103/18 (wrongly typed as 103/10) by paper
publication on defendants. According to Adv. Sayyed, the matter
was transferred from the Hon’ble High Court on account of change
of pecuniary jurisdiction and the plaintiff were not aware about it
and the advocate representing them expired. Hence, prayed for
allowing the Ch/s. Admittedly the suit was transferred due to
change in pecuniary jurisdiction. The record reveals direction was
given for paper publication in view of order passed below Exh.04
on 03.11.2018, however, it seems there is delay of 1532 days. The
reason for the delay was the demise of the earlier advocate
representing the plaintiff and due to matter transferred from
Hon’ble High Court. The reason seems to be genuine one. Hence, I
am of the view that the Chs needs to be allowed. Accordingly I
proceed to pass following order -
ORDER
1. Ch/s No.103/18 is allowed.
2. The delay of 1532 days is condoned.
3. Ch/s No. 103/18 is disposed of.
4. As the suit is of the year 2010, the plaintiff is directed to make
paper publication by next date without fail and to file compliance.
Matter is adjourned to 13.01.2025 for Compliance.
Judge
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