Order 1

Order Details: Notice of Motion
Pdf Text: NM No.917/18 in Suit No.1291/2014
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.917/2018
CNR No.: MHCC010031232018
IN
SUIT NO.1291 OF 2014
Mohammed Azimuddin Siddiqui ...Plaintiff
V/s.
Mohammed Gafooruddin Siddiqui & Ors. ...Defendants
Adv. Tiwari for plaintiff.
Adv. Ms. Muylani for defendants no.1 & 2.
CORAM : HHJ Shri. G.R. Agrawal
C.R. No.3
DATED : 30.04.2019
ORDER
(Dictated in open Court)
By this notice of motion, the defendants are praying for permission
to file written statement by condoning the delay. The plaintiff has filed
reply to the notice of motion. There is delay of about 280 days.
2. Heard Ld. Counsel for the parties and perused record.
3. It is urged on behalf of the defendants in affidavit filed in support
of notice of motion that the plaintiff had taken out notice of motion for
interim relief which was contested by defendants by filing reply and same
was disposed of. It is further submitted that the Advocate on record had
entrusted the present matter to his junior colleague who left the office of
the Advocate without updating the status of present matter. Hence
Advocate on record lost the track of the instant matter. It is stated that the
delay is not deliberate and defendants should not suffer due to act of their
Advocate.
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NM No.917/18 in Suit No.1291/2014
4. It is urged on behalf of plaintiff that the present notice of motion
taken out by defendants is false, frivolous, vexatious, bad in law and the
same is filed with malafide intention to harass the plaintiff and to delay
the hearing of the present suit. It is urged that defendants have not shown
just and sufficient cause for condoning the delay.
5. A perusal of the record shows that the present suit is filed by
plaintiff for declaration and partition. If the delay is not condoned and
defendants are not given one more opportunity to file written statement,
they may suffer irreparable loss. There is no reason to disbelieve the
explanation for delay stated in the affidavit. Hence, the delay is liable to
be condoned. However, defendants are liable to compensate the plaintiff
for the inordinate delay by paying cost. Hence, I pass following order –
ORDER
1. Notice of motion no. 917/2018 is allowed subject to
payment of cost of Rs. 5000/ to the plaintiff within two
weeks, failing which, the notice of motion shall be
dismissed.
2. If cost is paid, the written statement of defendant be
taken on record.
(G. R. Agrawal)
Judge
City Civil Court,Gr. Bombay.
Date : 30.4.2019
Dictated on : 30.4.2019
Typed on : 3.5.2019
Signed on : 3.5.2019
CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
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NM No.917/18 in Suit No.1291/2014
3.5.2019 at 2.00 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
30.4.2019
JUDGMENT/ORDER signed by
P.O. on
3.5.2019
JUDGMENT/ORDER uploaded
on
3.5.2019
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