Full Order Text
Order 1 · 17 Jul 2018 · CNR MHCC010038762018
Order Details: Notice of Motion Pdf Text: : 1 : Notice of Motion No.1212 of 2018 CNR No.MHCC010038762018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1212 OF 2018 IN SUIT NO.7484 OF 2003 M/s. Kamala Developers .. Plaintiff Versus Jafferullah Shaikh and Anr. .. Defendants Ld. Advocate Anil Diwake for plaintiff. Ld. Advocate S.G.Maheshwari for defendant no. 1. Ld. Advocate Manoj Pandey for defendant no. 2. CORAM : HIS HONOUR JUDGE SHRI ANAND L. YAWALKAR (COURT ROOM NO. 31) DATED : 17.07.2018 : ORDER : This Notice of Motion is taken out by defendant no. 2 for condoning the delay of 35 days and for taking his written statement on record. 2. As per the defendant there is 35 days delay in filing the written statement on record. It was submitted that they had not received the documents and they were added by order in chamber summons. Further, father in law of the defendant expired on 03.12.2017. Due to religious rituals the delay occurred. This contention is opposed by the plaintiff. -- 1 of 3 -- : 2 : Notice of Motion No.1212 of 2018 3. Heard both the parties. Perused the material on record. 4. That upon considering the hearing the delay of 35 days. The delay does not appears to be intentional it can be condoned by imposing cost. Accordingly, I pass the following order. : ORDER : 1. Notice of Motion No.1212 of 2018 is made absolute in terms of prayer clause (a). 2. Defendant is directed to pay the cost of Rs. 3000/ 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: 17.07.2018 Gr. Mumbai Dictated on : 17.07.2018 Transcribed on : 17.07.2018 Signed on : 17.07.2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” On 18.07.2018 at 4.18 p.m. UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar NAME OF STENOGRAPHER -- 2 of 3 -- : 3 : Notice of Motion No.1212 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 17.07.2018 JUDGMENT/ORDER signed by P.O. on 17.07.2018 JUDGMENT/ORDER uploaded on 18.07.2018 -- 3 of 3 --