Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.875 of 2019
CNR No.MHCC010023122019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.875 OF 2018
IN
SUIT NO.2157 OF 2018
Mrs. Kirti Nayan Sawant .. Plaintiff
Versus
Mr. Vipul W. Rodrigues .. Defendant
Appearance :
Ld. Advocate Shobha Pawar for plaintiff.
Ld. Advocate B.M. Shaikh for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 01.03.2019
: ORDER :
This Notice of Motion is taken out by defendant for condoning
the delay in filing their written statement and for taking the written
statement on record.
2. Counsel for defendant submitted that the writ of summons
was served upon the defendant on 23.10.2018 which was returnable on
14.11.2018. Thereafter he engaged his advocate who filed vakalatnama
on 14.11.2018 and informed the court that he did not get full
set of the plaint and some pages of the plaint were missing. Thereafter
matter was adjourned to 26.11.2018 and thereafter to 20.12.2018
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: 2 : Notice of Motion No.875 of 2019
and on that day on account of personal difficulty of advocate, could not
reach in time and the matter adjourned to 01.03.2019. He further
submitted that due to his personal difficulty defendant left the Mumbai
and came back in second week of February, 2019 and instructed his
advocate. Unfortunately his advocate met with an accident, resulting
into knee injury and he was bed ridden. Due to this reasons written
statement could not be filed within the time. Plaintiff did not file their
reply and opposed the application.
3. Heard both the parties. Perused the material on record.
5. Upon considering the hearing and perusing the material on
record it is apparent that there is delay in filing the written statement.
Upon considering the hearing and reasons mentioned, the delay does
not appears to be intentional. It can be condoned. Hence, considering
this accordingly I pass the following order.
: ORDER :
1. Notice of Motion No.875 of 2019 is allowed in terms of
prayer clause (a) and (b).
2. Written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 01.03.2019 Gr. Mumbai
Dictated on : 01.03.2019
Transcribed on : 01.03.2019
Signed on : 01.03.2019
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: 3 : Notice of Motion No.875 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 02.03.2019 at 3.38 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
01.03.2019
JUDGMENT/ORDER signed by P.O. on 01.03.2019
JUDGMENT/ORDER uploaded on 02.03.2019
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