Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 Notice of Motion No.4840/2019
in S.C Suit No.1231/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 4840 OF 2019
(CNR NO. MH CC01-013208-2019)
IN
S.C. SUIT NO. 1231 OF 2018
Kavita w/o Balu Kadam
....Plaintiff
V/s.
Balu Baban @ Papal Kadam & Ors.
...Defendants
Appearance:-
Mr. Rajesh Dixit, Advocate for the plaintiff.
Ex-parte against defendant No.1
Mr. Kapse, Advocate for the Defendant No. 2.
CORAM :- HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE :- 24th February, 2020.
ORDER
1. By this Notice of Motion defendant No.2 has prayed for
condonation of delay in filing written statement.
2. In affidavit-in-support, Mr. Rajendra P. Godse, The Sr.
Inspector of Police, Tardeo Police Station, averred that the written
statement in the matter could not be filed as particulars in the matter
were to be looked into and accordingly there is delay in collecting
information and for giving instruction for preparing the same. Letter of
request was served upon Government Pleader on 25.09.2018.
Therefore, it is prayed that the notice of motion may kindly be made
absolute.
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2 Notice of Motion No.4840/2019
in S.C Suit No.1231/2018
3. Learned Advocate for plaintiff submitted that necessary
order be passed in the notice of motion. On perusal of record it
appears, that the letter of request was served by defendant No.2 on
25.09.2018. However, the duration of delay is not mentioned in the
notice of motion. Considering the fact that the plaintiff has not opposed
the present notice of motion, I am of the opinion that the delay in
tendering written statement of defendant No.2 on record needs
favourable consideration. However, since duration of delay is not
mentioned in the notice of motion, costs is required to be imposed on
defendant No.2. Resultantly, I pass following order.
ORDER
1. Notice of Motion No.4840 of 2019 is made absolute in terms of
prayer clause (a) subject to payment of costs of Rs.500/- (Rs. Five
Hundred Only) to be paid to “District Legal Aid Services
Authority” (DLSA) Mumbai, on or before the next date.
2. After payment of cost, written statement of defendant Nos.2 be
taken on record.
3. Notice of Motion No. 4840 of 2019 is disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date :- 24/02/2020
Dictated on : 24.02.2020
Transcribed on : 07.03.2020
Checked on : 07.03.2020
Signed on : 09.03.2020
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3 Notice of Motion No.4840/2019
in S.C Suit No.1231/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
12.03.2020 01.05 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 24.02.2020
Order signed by P.O. on 09.03.2020
Order uploaded on 12.03.2020
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