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Court Order

Final Order 1

CNR MHCC01002280201928 Feb 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 28 Feb 2019 · CNR MHCC010022802019

Order Details: Other
Pdf Text: 28.02.2019
SU 2836/18
@ NM Ex.2
4814/18
Exh.3
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Singh for Plaintiff present.
Ex.2 Adv. Tejas Gonsavalikar filed V/n for Defendant nos.1 to 4
t.o.r.
Draft NM filed by Defendant nos.1 to 4 t.o.r.
Leave granted to register it.
Plff tendered registered NM no.4814/18 alongwith affidavit of
service t.o.r.
Order below draft NM.
Read NM, affidavit in support of it and reply of Plaintiff.
Heard respective counsel of parties.
Delay caused in filing of written statement is of 17 days which
is not inordinate. Moreso, it cannot be said that delay caused is
deliberate. The reasons assigned by the defendants are
sufficient to condone such delay. They have also shown their
bonafide by annexing their written statement alongwith this
motion. In above circumstances, I am inclined to allow notice of
motion, hence pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms
of prayer clauses (a) and (b).
2. Written statement filed by defendant nos.1 to 4 be marked
exhibit.
3. For statistical purposes draft NM be registered.
Ex.3 Written statement filed by defendant nos.1 to 4 t.o.r.
Adv for defendants submitted tha copy of valuation report is not
supplied by Plaintiff.
Plff is directed to supply copy of valuation report to the
Defendant.
Adj for NM reply to 26.04.2019.
Judge
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