Interim Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT NOTICE OF MOTION
IN
S.C.SUIT NO. 759 OF 2018
CNR MHCC01002352182018
Kitit Pravin Aya )....Plaintiff.
V/s.
1. Madhuri Rasiklal Aya & Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 30/06/2018.
Adv.Kaustubh Patil for the plaintiff.
Adv. Raj Gupta h/f Adv. Khobragade for defendants no.1 to 3
ORAL ORDER
Perused the notice of motion, which is supported by an
affidavit being executed by defendant no.3 Jayesh Kothari. Plaintiff
has opposed the notice of motion.
2. Heard learned advocates of both the sides.
3. This notice of motion is taken out by defendants no.1 , 2
and 3 for condoning the delay in filing written statement. There is 58
days of delay in filing written statement. It is submitted that defendant
no.2 is 75 years old and is unable to walk because of old age. It is also
submitted that defendant no.2 is suffering from Herpis last two months.
To this submission the medical certificate of Dr. Girish Khandge dated
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27/06/2018 is placed on record. Considering old age and the medical
reasons shown by defendants, I am of the view that for giving fair
opportunity to the defendants to contest the suit on merits, they can be
permitted to file written statement. The learned advocate for
defendants no.1 to 3 submitted that the written statement is ready in all
respects. As the defendants are ready to file written statement today
itself on record, in my considered opinion, the delay can very well be
condoned in the interest of justice. Hence, I pass the following order.
ORDER
1. Draft notice of motion in suit no. 759/18 is
allowed and made absolute in terms of prayer
clause (a) and (b) with specific directions that the
defendants no.1 to 3 shall file the written statement
today itself on record.
2. Draft notice of motion is disposed of accordingly.
It be registered for statistical purpose.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:30/06/2018.
Dictated on : 30/06/2018.
Transcribed on : 30/06/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 09/07/2018
Time at 4.00p.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
30/06/2018
JUDGMENT / ORDER signed by
P.O.on
02/07/2018
JUDGMENT / ORDER uploaded on 09/07/2018
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