Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Sum. No.198/2018 in Sum. Suit No.940/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.198 OF 2018
IN
SUMMARY SUIT NO. 940 OF 2017
CNR NO.: MHCC010014712018
Mr. Sainath Taterao Pawar ]….Plaintiff.
V/s.
Mrs. Shubhangi Ashok Sawai ]….Defendant.
Appearances:
Advocate Ms. Madhuri R. Raibagkar for the Plaintiff.
Advocate Mrs. Pallavi Gandhi for the Defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 11th JANUARY, 2019.
ORAL ORDER
1. This is an application filed by defendant to condone delay of 83
days in filing the appearance and vakalatnama.
2. Defendant has stated that she is senior citizen and 78 years old
lady and suffering from various old age physical aliment/diseases such
as high blood pressure, chest pain and taking blood thinner medication.
She has further stated that she is not keeping well due to chest pain and
high blood pressure from 07.11.2017 and she was advised to take the
bedrest for 15 days. She stated that after recovery somewhere on 18 th
December 2017, she contacted her Advocate and handed over the
papers to him and on perusal of papers, Advocate told her that there is
delay in filing appearance.
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:2: Ch. Sum. No.198/2018 in Sum. Suit No.940/2017
3. Plaintiff has filed reply to this Chamber Summons and
contended that defendant should be put strict proof regarding her
aliment/diseases and contended that though defendant had chest pain,
why she has choose to consult only the MBBS doctor instead of any
specialist doctor. Plaintiff has further contended that the intention of
the defendant is only to delay the proceedings.
4. It is pertinent to see that defendant is very old age of 78 years.
She has also produced Medical Certificate stating that she was suffering
from chest pain and high blood pressure. Considering the age of the
defendant that she is 78 years old, it is more probable that due to old
age and illhealth there is delay in filing appearance. Hence, in the
present case, it appears that the delay caused is not with the intention
to delay the matter. At the same time, plaintiff has to be compensated
for delay caused. Hence, following order:
ORDER
1. Chamber Summons No.198/2018 is granted, subject to cost of
Rs.1,800/ to be given by defendant to plaintiff.
2. Chamber Summons No.198/2018 stands disposed off.
(S.P. AGARWAL)
Judge,
Date: 11.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 11.01.2019
Transcribed on : 11.01.2019
Signed on : 11.01.2019
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:3: Ch. Sum. No.198/2018 in Sum. Suit No.940/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.01.2019 At 2:58 pm. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
11.01.2019
Judgment/Order signed by P.O. on 11.01.2019
Judgment/Order uploaded on 15.01.2019
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