Final Order 1

Order Details: Notice of Motion
Pdf Text: N.M.1519/19 in S.C. Suit 2823/2018 1
Date :01.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER
MUMBAI
NOTICE OF MOTION NO.1519 OF 2019
IN
S.C. NO. 2823 OF 2018
(CNR.NO.MHCC010040112019)
Joyce Duncan Wilson & Ors. ) ….Plaintiff
VERSUS
Ajit Bhavanishankar Kulkarni ) .... Defendant
Appearances:
Mr. S.K. Tiwari, Ld. Adv. for plaintiff present.
Mrs. Sakina Shaikh, Ld. Adv. for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 07
Dated : 01st August, 2019.
: ORDER :
1. The Defendant has filed instant Notice of Motion for
condonation of 46 days delay in filing Written Statement. It is
contended by the defendant that on 22.01.2019 he has appeared
in the Court. On that day, he was directed to file Written
Statement within 30 days. However, it took sometime in
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N.M.1519/19 in S.C. Suit 2823/2018 2
communicating with the Advocate. It is further contended by the
defendant that, he was under impression that the Written
Statement has to be filed within 90 days. Moreover, he is layman
and Senior Citizen suffered from various ailment. Hence, he has
prayed for condonation of delay in filing Written Statement.
2. Per contra plaintiff opposed the application on the ground
that the defendant failed to give sufficient and cogent reason to
condone delay.
3. Heard both the sides. Perused application. It appears from
the record that the defendant was served on 16.01.2019 and he
has appeared on 22.01.2019. The reasons shows by the plaintiff is
of illness. He has filed medical documents in support of the same.
In my view, looking to the aforesaid facts and the plaintiff is the
Senior Citizen, the delay needs to be condoned. In my view, if the
delay is not condoned, that would prejudice to the rights of the
defendant. The inconvenience caused to the Plaintiff can be
compensated by awarding reasonable cost. Thus, in my view, by
awarding cost of Rs.1,000/ the delay can be condoned. Thus, I
proceed to pass the following order:
ORDER
1. Notice of motion no. 1519/19 is hereby allowed.
2. The delay of 46 days in filling written statement is hereby
condoned subject to condition of payment of Rs.1,000/ to
the plaintiff.
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N.M.1519/19 in S.C. Suit 2823/2018 3
3. The defendant is allowed to file their written statement on
record.
4. Notice of motion no. 1519/19 is hereby disposed off.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 01.08.2019 Greater Mumbai
Dictated on :01.08.2019
Typed on :01.08.2019
Draft submitted on :01.08.2019
Checked on :02.08.2019
Signed on :02.08.2019
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N.M.1519/19 in S.C. Suit 2823/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/08/2019 at 12.00 noon (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
01/08/2019
JUDGMENT/ORDER signed by P.O.
on
02/08/2019
JUDGMENT/ORDER uploaded on 02/08/2019
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