Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 924/19 SUM.SUIT 1181/2018 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOITON NO. 924 of 2019
IN
SUMMARY SUIT NO.1181 of 2018
(CNR NO.: MHCC010024582019)
Kamruddin Kalu Mansuri ...Plaintiff
Versus
Amin Sultan Mansuri@Mansoori ...Defendant
Appearances:
Advocate Mr.Devendra Rajapurkar for the Plaintiff.
Advocate Mr.Rajendra Satale for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C.R.NO.28)
DATED : 12TH JULY 2019
ORDER
This is notice of motion taken out to condone the delay of 4 days
to file reply and leave to defend.
2. Heard Ld.counsel for defendant.
3. From the material on record following points arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 4 days and
filed reply for leave to defend.
Yes
2. What order? As per final order
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NM 924/19 SUM.SUIT 1181/2018 2
REASONS
AS TO POINT NOS.1 AND 2
4. Ld.Counsel for defendant submitted that defendant is suffering
from illness and has to take regular dialysis treatment. Because of such
treatment he was unable to instruct his advocate and therefore, there
was delay of 4 days to file reply cum leave to defend.
5. Plaintiff has resisted this application by submitting reply. His
Ld.counsel has submitted that there is no defence for defendant and the
leave to defend is after thought. The grounds taken by defendant is
false and therefore, delay of 4 days could not be condoned.3689
6. It is undisputed that there is delay of 4 days to file reply cum
leave to defend. The defendant has taken ground of illness which
plaintiff has denied. From the conduct of defendant it seems that he
wants to seriously contest this suit therefore without taking hyper
technical view and to give defendant a fair chance, the delay of 4 days
can be condoned subject to cost of Rs. 500/. Therefore, point no.1 is
answer as 'Yes' and following order is passed.
ORDER
1. Notice of motion No.924/2019 is allowed.
2. The delay of 4 days to file reply cum leave to defend is condoned
subject to cost of Rs.500/ to be paid to the other side.
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NM 924/19 SUM.SUIT 1181/2018 3
3. On payment of cost the reply cum leave to defend should be
taken on record.
4. Notice of Motion No.924/2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 12/07/2019 City Civil Court,Gr. Bombay.
Dictated on : 12/07/2019
Transcribed on : 16/07/2019
Signed on : 16/07/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17/07/2019 2.15p.m. Mrs.J.V.Pawar
Name of the Judge HHJ Shri M.S.Lone(CR No.28)
Date of Pronouncement of
Judgment/Order.
12/07/2019
Judgment/order signed by P.O on 16/07/2019
Judgment/order uploaded on 17/07/2019
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