Final Order 1

Order Details: Notice of Motion
Pdf Text: 17-12-2020.
CORAM: HHJ SHRI. S.C. PATHARE C.R.NO.5
Notice of Motion No.805-2020.
Adv Kavita Pandey present for plaintiff. Adv Rawade (h/f) present for MCGM/defendant. Order
below NM No.805/2020 (in Roznama) Defendant No.4 submitted this NM for condonation of delay
of 46 days in filing WS. The NM is supported with affidavit of defendant no.4. It is contend that she
is doing job and having minor daughter. She was under financial problems and was unable to
engage advocate. She could not provide instructions and documents to concern lawyer within
stipulated period. Hence she prayed for condonation of delay. Adv of plaintiff submitted reply on
the last page of NM itself. She has strongly opposed the application but in the alternative prayed for
cost. Adv of defendant no.4 is absent. Heard Adv of plaintiff. Considering the above mentioned
grounds it appears that defendant no.4 has demonstrated sufficient cause. However for causing said
delay it would be justifiable to impose reasonable cost, by considering financial condition of
defendant no.4. Considering peculiar facts and circumstances I pass the following order- 1. The NM
No.805 of 2020 stands allowed subject to cost Rs.600 payable to plaintiff towards said delay.
2.After payment of cost defendant no.4 submit WS and the same shall be exhibited accordingly. 3.
Defendant no.4 to avoid delay in compliance on next date (After getting knowledge of this order).
4. NM No.805 of 2020 stands disposed off.
Judge
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