Interim Order 2

Order Details: Notice of Motion
Pdf Text: N/m No. 2363/22 in S.C.Suit No. 1147/2020. 1 Order.
MHCC010071752022
Presented on : 08-07-2022
Registered on : 08-07-2022
Decided on : 06-09-2022
Duration : 0 years, 1 months, 29 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 2363 OF 2022
IN
S. C. SUIT NO. 1147 OF 2020
Mrs. Razia Mohd. Yunus Dokadia and one ...Applicants/(Original
Defendants no.1 & 2)
Versus
Mr. Mohammed Yusuf Attar ...Respondent/
(Original Plaintiff)
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 6th SEPTEMBER, 2022.
Moinuddin Khan, Advocate for defendants no.1 and 2.
Mujib Khan, Advocate for the plaintiff.
ORDER
1. Defendants no.1 and 2 have taken out the notice of motion
for condonation of delay of 511 days in filing written statement and to
take written statement on record. Perused notice of motion and
affidavit in reply filed by the plaintiff. I have also gone through the suit
proceedings. Heard learned counsel Moinuddin Khan for defendants
no.1 and 2 and learned counsel Mujib Khan for the plaintiff.
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N/m No. 2363/22 in S.C.Suit No. 1147/2020. 2 Order.
2. On perusal of the record, it appears that defendants no.1
and 2 are served with writ of summons on 28/10/2020 as per bailiff
report on writ of summons (Exh.8). Thereafter, present notice of
motion is taken out on 28/04/2022. Defendants no.1 and 2 have filed
written statement with the notice of motion. Considering date of
service and directions of Hon'ble Supreme Court in Suo Moto Writ
Petition (Civil) No. 3/2020 dated 10/01/2022, period of limitation
from 15/03/2020 to 28/02/2022 is excluded while reckoning limitation
period. Furthermore, grace period of 90 days is given from 01/03/2022.
If all these attending circumstances are considered, notice of motion can
be allowed. Hence, I pass the following order :
ORDER
1. Notice of Motion No. 2363/2022 is made absolute in terms
of prayer clause (a).
2. Written statement filed by defendants no.1 and 2 is marked
as Exh.9.
3. Proceeding of N/m No. 2363/2022 is closed.
(R.R.BHAGWAT)
Judge, City Civil Court,
(Court Room No.66)
Date : 06/09/2022. Mumbai.
1. Dictated online on : 06/09/2022.
2. Signed on : 06/09/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 2363/22 in S.C.Suit No. 1147/2020. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/09/2022. 5.22 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 06/09/2022.
Judgment/Order signed by P.O. on 06/09/2022.
Judgment/Order uploaded on 06/09/2022.
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