Final Order 2

Order Details: Notice of Motion
Pdf Text: 1 NM No.6622020 IN SUIT No. 193419
MHCC010017052020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.662 OF 2020
IN
SUIT NO.1934 OF 2019
Shri. Suresh Ramchandra Kunchalkar & Another ] ...Plaintiffs.
Versus
Shri. Pratapsinh Shoorji Vallabhdas & Others ]…Defendants.
Appearance:
Ld Advocate Sapna Khpbragade for Plaintiff.
Ld. Advocate Vivek Kakde for Defendant No.2, 3,5 to 9.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 01/11/2022
ORAL ORDER
1) Defendant No.2, 3, 4, 5 to 9 have taken out present notice of
motion for condonation of delay in filing their written statement and for
taking their written statement on record.
2) Perused the notice of motion, affidavit in support of same,
reply of plaintiff and record. Heard arguments advanced by Ld Advocate
for defendant No.2, 3,4, 5 to 9 and Ld Advocate for plaintiff.
3) From the matter on record it appears that defendant No.8
has stated the cause for delay in filing written statement on solemn
affirmation. Plaintiff has not challenged the cause for delay in filing the
written statement. Therefore, there is nothing on record so as to
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2 NM No.6622020 IN SUIT No. 193419
disbelieve the cause stated by defendants in affidavit in support of notice
of motion for condoning the delay in filing their written statement.
Therefore, from the matter on record it appears that plaintiff has
demonstrated just and exceptional cause for condonation of delay in filing
written statement and for taking on record their written statement.
4) Considering the matter on record and above discussion the
notice of motion deserves to be made absolute. Hence, court proceeds to
pass following order:
ORDER
1) Notice of Motion No. 662/2020 is made absolute.
2) Written Statement of defendant no. 02, 03, 05 to 09 be taken on
record if tendered on or before next date.
3) Notice of Motion No. 662/2020 is disposed off accordingly.
Date : 01/11/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :1/11/2022.
Typed on : 7/11/2022.
Checked on :7/11/2022.
Corrected & signed on :7/11/2022.
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3 NM No.6622020 IN SUIT No. 193419
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
14/11/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
1/11/2022.
JUDGMENT/ORDER signed by P.O.
on
7/11/2022.
JUDGMENT/ORDER uploaded on 14/11/2022.
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