Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2362/22 in S.C.Suit No. 1147/2020. 1 Order.
MHCC010071762022
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. 2362 OF 2022
IN
S. C. SUIT NO. 1147 OF 2020
Akbar Babu Ahmed Shaikh ...Applicant/(Original
Defendant no.3)
Versus
Mr. Mohammed Yusuf Attar ...Respondent/
(Original Plaintiff)
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 6th SEPTEMBER, 2022.
Ajaz Ahmed Ansari, Advocate for defendant no.3.
Mujib Khan, Advocate for the plaintiff.
ORDER
1. Defendant no.3 has 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 Ajaz Ahmed Ansari for defendant
no.3 and learned counsel Mujib Khan for the plaintiff.
-- 1 of 3 --
N/m No. 2362/22 in S.C.Suit No. 1147/2020. 2 Order.
2. On perusal of the record, it appears that defendant no.3 is
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. Defendant no.3 has 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. 2362/2022 is made absolute in terms
of prayer clause (a).
2. Written statement filed by defendant no.3 is marked
as Exh.10.
3. Proceeding of N/m No. 2362/2022 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
-- 2 of 3 --
N/m No. 2362/22 in S.C.Suit No. 1147/2020. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/09/2022. 5.20 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.
-- 3 of 3 --