Final Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 NM No.1163/16 in Su.2086/2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.1163/2019
IN
SUIT NO.2086 OF 2018
CNR No. : MHCC010030432019
Nana Chandrakant Waghralkar & Ors. ...Plaintiffs
V/s.
Bhimrao Nilappa Patil & ors. ...Defendants
Adv. Redekar for plaintiffs.
Adv. Vinayak Tare for defendants no.1 to 4 & 7 to 9.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 2.4.2019.
ORDER
(Dictated in open court)
By this notice of motion, the defendants no.1 to 4 & 7 to 9 are
seeking condonation of delay of 66 days in filing written statement.
The plaintiffs has given say on the affidavit filed by defendants.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is stated in the affidavit filed in support of the motion that the
suit summons were served at the address of native place of defendants
on or about 12.9.2018. Thereafter, various meetings were held at
native place to settle the matter but the settlement was not successful.
Thereafter, the defendants contacted their Advocate but their Advocate
advised them to collect certain papers and give instructions. Hence
there is delay of 66 days.
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4. The plaintiffs have opposed the motion on the ground that the
reasons mentioned in the affidavit are not satisfactory and bonafide.
5. On perusing the pleadings and on considering the submissions of
both the sides, I find that the defendants have made out sufficient
cause for condoning the delay of 66 days. The delay does not appear
to be intentional and there is no reason to disbelieve the explanation
given for delay. However, they are liable to compensate the plaintiffs
by paying cost. Hence following order.
ORDER
1. Notice of motion no. 1163/2016 is made absolute
in terms of prayer clause (a) subject to payment of
cost of Rs.1,000/ to the plaintiffs within two weeks,
failing which, the notice of motion shall stand
dismissed.
2. If cost is paid, the written statements of defendants
no.1 to 4 & 7 to 9 be taken on record.
(G.R. Agrawal)
Judge
City Civil Court,
Dictated on : 2.4.2019 Gr. Bombay.
Transcribed on : 2.4.2019
Signed on : 2.4.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
3.4.2019 at 10.35 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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3/2 NM No.1163/16 in Su.2086/2018
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
2.4.2019
JUDGMENT/ORDER signed by
P.O. on
2.4.2019
JUDGMENT/ORDER uploaded
on
3.4.2019
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