Interim Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.117018 in S.C. Suit No.140417
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.1170 OF 2018
IN
S.C. SUIT NO. 1404 OF 2017
M/s. Akaar Nirman Properties ] ...Applicants
(Original defendant no.7)
In the matter between
1. Shashikant Tukaram Salvi ]
2. Mansing Dinkar Mulik ]
3. Snehlata Janardan Karalkar ]...Plaintiff.
V/s.
Mr. Mohammadali Yusuf Bagdadi and Ors.]...Defendants
Appearance :
Advocate Mr. Tripathi for the Plaintiff.
Advocate Mr. Surana for defendant No.7.
CORAM : HIS HONOUR JUDGE
SHRI NANDKISHOR L. MORE
(Court Room No.12)
DATED : 5th JUNE, 2018
O R D E R
Present notice of motion is taken out by the defendant no.7 for
condonation of delay in filing written statement. According to
defendant no.7, there is a delay of 29 days in filing written statement.
Plaintiff has formal objection to grant notice of motion and submitted
that heavy cost be imposed upon the defendant.
2. Heard Ld. Advocate Mr. Surana for defendant no.7 and Mr.
Tripathi for plaintiff. It appears that on 07/12/2017, defendant no.7
appeared in the matter. Thereafter on 14/3/2018, defendant no.7 has
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:2: N.M. No.117018 in S.C. Suit No.140417
tendered draft notice of motion and leave was granted to register the
same. It means there is a delay of 5 months and 7 days in taking out
notice of motion for condonation of delay. Remaining defendant no.1 to
6 are yet to be served the writ of summons. In the facts and
circumstances, no prejudice would cause to the plaintiff if, the delay is
condoned in filing written statement by the defendant no.7 subject to
cost of Rs.1,000./ to be credited to the DLAS. Hence, order.
O R D E R
Notice of motion is made absolute in terms of prayer clause.
1. Notice of motion no.1170 of 2018 is allowed.
2. Delay in filing written statement is hereby condoned
subject to cost of Rs.1,000/ to be credited to the DLAS.
3. Written statement of defendant no.7 be taken on record
forthwith.
Date : 05.06.2018 [N.L. MORE]
Judge, City Civil Court,
(C.R. No.12), Gr. Mumbai.
Dictated on : 05.06.2018
Typed on : 05.06.2018
Signed by HHJ on : 05.06.2018
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:3: N.M. No.117018 in S.C. Suit No.140417
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06.06.2018 at 11.10 a.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI NANDKISHOR L. MORE
(Court Room No.12)
Date of Pronouncement of
JUDGEMENT/ORDER
05.06.2018
JUDGEMENT/ORDER signed by
P.O. on
05.06.2018
JUDGEMENT/ORDER uploaded on 06.06.2018
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