Order 2

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.123 OF 2020
(CNR No.MHCC010003232020)
IN
CHAMBER SUMMONS NO.1129 OF 2019
IN
MISC APPEAL NO.108 OF 2019
Shyamkant Yashwant Malkar ….. Applicant.
V/s
The Municipal Corporation of Grater Mumbai & Ors. ….. Respondents.
CORAM : H. H. THE PRINCIPAL JUDGE,
SHRI M. W. CHANDWANI,
COURT ROOM NO.19
DATE : 17th January, 2020.
Appearance:
Adv. M. K. Sharma I/b Adv. Rajiv Deokar for applicant.
Adv. A. V. Diwate for respondent/BMC.
ORAL ORDER
Read notice of motion. Heard both the sides on Notice of Motion.
2. By present Notice of Motion, the applicant is seeking to condone the
delay of 69 days to carry out amendment in Memorandum of Appeal
No.108/19.
3. It is not necessary to go into detail matrix of the case in detail,
suffice to say that by order dated 17.10.2019 in Chamber Summons
No.1129/19, the appellant was allowed to carry out amendment in the
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2 Misc Appeal No.108/19
appeal as per schedule annexed to the Chamber Summons. The
applicant could not carry the amendment within stipulated time. Hence,
this Notice of Motion.
4. The reason given is that after passing of order in Chamber
Summons the advocate for appellant called the appellant to reaffirm the
memorandum of appeal, but the appellant could not come as his
employer did not grant leave. Thereafter, there was marriage
ceremonies of son, nephew and two niece of the appellant therefore he
could not met the advocate and lost the track of the matter.
5. The respondent objected the notice of motion on the ground no
sufficient reason has been mentioned and sought rejection.
6. The amendment is to be carried out within 14 days but till today
it is not carried out for the reason mentioned above. The appellant gave
reasons for delay giving account of delay on the affidavit. There is no
counter affidavit on behalf of respondent, rather, in affidavit of the
appellant there is specific mention of months in which the marriages of
son, nephew and niece of the appellant were performed. Needless to
mention that son, nephew and niece are nearest relatives of the
appellant, rather, the appellant being elder had various responsibilities
in the marriages of these relatives. No prejudice will be caused to
respondent if the delay is allowed. Hence, the sufficient cause is made
out for condone the delay. Accordingly following order is passed.
ORDER
1. Notice of Motion No.123 of 2020 is allowed.
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3 Misc Appeal No.108/19
2. Applicant be carried out amendment within two
weeks.
3. Copy of amended appeal be served to respondents.
(M. W. CHANDWANI)
Principal Judge,
City Civil & Sessions Court,
Date : 17.01.2020 Gr. Bombay.
Dictated on : 17.01.2020.
Transcribed on : 17.01.2020.
Signed by HHJ on : 20.01.2020.
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4 Misc Appeal No.108/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 21/01/2020 at 2.43 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 17.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 21.01.2020
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