Full Order Text
Order 1 · 31 Jul 2018 · CNR MHCC010030282018
Order Details: Notice of Motion Pdf Text: : 1 : Notice of Motion No.878 of 2018 CNR No.MHCC010030282018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.878 OF 2018 IN SUIT NO.2363 OF 2017 Mrs. Panna Hamnadas Kapadia .. Plaintiff Versus Mr. Narayandas Mathurdas and anr. .. Defendants Ld. Advocate Sanjeev Hariakar for plaintiff. Ld. Advocate Chatanya Jadhav for defendant. CORAM : HIS HONOUR JUDGE SHRI ANAND L. YAWALKAR (COURT ROOM NO. 31) DATED : 31.07.2018 : ORDER : This Notice of Motion is taken out by defendant no. 1 to condone the delay in filing written statement and for taking his written statement on record. 2. Defendant submitted that writ of summons was served by plaintiff on 05.01.2018. Thereafter he engaged the counsel. Due to ill health the defendant was admitted in hospital for the period from 16.01.2018 to 22.01.2018 and then doctor advised him for complete rest for few days. Due to this there is delay of 22 days in filing the written statement. -- 1 of 3 -- : 2 : Notice of Motion No.878 of 2018 3. Heard counsel for defendant. Perused the reply alongwith other material on record. 4. Upon considering the hearing the delay of 22 days. Without stretching this issue of delay and to grant an opportunity to the defendant to file the written statement in the interest of justice. I condoned the delay by imposing costs and pass the following order. : ORDER : 1. Notice of Motion No.878 of 2018 is made absolute in terms of prayer clause (a) on payment of cost of Rs. 2000/. 2. Cost be paid on or before next date. 3. After cost is paid written statement be taken on record. Anand.L.Yawalkar Judge, City Civil & Sessions Court, Date: 31.07.2018 Gr. Mumbai Dictated on : 31.07.2018 Transcribed on : 31.07.2018 Signed on : 31.07.2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” On 01.08.2018 at 11.10 a.m. UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar NAME OF STENOGRAPHER -- 2 of 3 -- : 3 : Notice of Motion No.878 of 2018 Name of the Judge (With Court Room No.) H.H.J. Anand.L.Yawalkar C.R.No.31 Date of Pronouncement of JUDGMENT/ORDER 31.07.2018 JUDGMENT/ORDER signed by P.O. on 31.07.2018 JUDGMENT/ORDER uploaded on 01.08.2018 -- 3 of 3 --