Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 593 of 2020
in Summ. Suit No. 250 of 2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.593 of 2020
IN
SUMMARY SUIT NO.250 of 2018.
Mr. Pratik V. Shah ... Plaintiff
V/s.
Mr. Javed Abdul Hamid Khan ... defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 24.02.2020
Advocate, Sivangi Kediya for plaintiff absent.
Advocate Kajal Chaursiya, for defendant present.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for filing reply to summons for judgment. The
plaintiff has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that during the relevant period
that his mother was critically ill and hospitalized and his advocate did
not file reply inspite of giving instructions. Therefore, delay of 14 days
caused for filing reply to Summons for judgment in this suit.
4. Considering the submissions made by the advocates of the
-- 1 of 4 --
2 N/M No. 593 of 2020
in Suit No. 250 of 2018
plaintiff and the defendant , this court holds that due to delay caused
due to illness of mother of the defendant and due to negligence on the
part of his advocate. Therefore defendant was unable to file his reply to
the summons for Judgment. The reason given by the defendant for
delay is satisfactory. The delay caused for filing reply reply to the
Summons for Judgment is explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file reply to the Summons for Judgment. Hence, the
order. :
ORDER
1. The Notice of Motion no.593 of 2020 is allowed subject
to cost of Rs.500/-. The cost shall be deposited with
district Legal Services Authority, Mumbai on or before
next date.
2. The defendant is granted permission to file reply to
Summons for Judgment in the interest of justice on
payment of cost to the plaintiff.
3. The Notice of Motion No. 593 of 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date :24.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on :24.02.2020.
Signed on :24.02.2020.
-- 2 of 4 --
3 N/M No. 593 of 2020
in Suit No. 250 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
24.02.2018 05.00 p.m. Miss. N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 24.02.2020
Order signed by P.O. on 24.02.2020
Order uploaded on 24.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
21.02.2018 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
-- 3 of 4 --
4 N/M No. 593 of 2020
in Suit No. 250 of 2018
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 21.02.2018
Order signed by P.O. on 21.02.2018
Order uploaded on 21.02.2018
-- 4 of 4 --