Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.518 of 2018
CNR No.MHCC010036652018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.518 OF 2018
IN
S.C.SUIT NO.937 OF 2017
Bank of India .. Plaintiff
Versus
Mr. Sharad Amritlal Rochlaney .. Defendant/
Applicant
Ld. Advocate Shinde for plaintiff.
Ld. Advocate Yash Jain for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 20.07.2018
: ORDER :
This Chamber summons is filed by defendant for condoning
the delay of 165 days in filing the written statement on record.
2. As per the defendants there is 165 days delay in filing the
written statement on record. Defendant submitted that he was
consistently in and out of India for period of 22.05.2017 to November,
2017 and again December, 2017 to January, 2018 due to official work.
He further submitted that due to such travel schedule, the copy of the
plaint was not available and he unable to give instructions to their
advocate and to prepare the written statement. Hence, prayed to
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: 2 : Chamber Summons No.518 of 2018
condone the delay. This contention is opposed by the plaintiff.
3. Heard both the parties. Perused the material on record.
4. That upon considering the hearing the delay of 165 days.
That to decide the matter on merit and also to enable the defendant to
present his case the delay can be condoned. Moreso, the delay does not
appears to be intentional, it can be condoned by imposing cost.
Accordingly, I pass the following order.
: ORDER :
1. Chamber Summons No.518 of 2018 is made absolute in terms
of prayer clause (a) and (b).
2. Defendant is directed to pay the cost of Rs. 7000/ to the
plaintiff on or before next date.
3. After payment of cost, written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 20.07.2018 Gr. Mumbai
Dictated on : 20.07.2018
Transcribed on : 20.07.2018
Signed on : 20.07.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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: 3 : Chamber Summons No.518 of 2018
On 21.07.2018 at 11.55 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
20.07.2018
JUDGMENT/ORDER signed by P.O. on 20.07.2018
JUDGMENT/ORDER uploaded on 21.07.2018
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