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Court Order

Final Order 1

CNR MHCC01004091201828 Aug 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 28 Aug 2018 · CNR MHCC010040912018

Order Details: Other
Pdf Text: 28.08.2018
SU 2422/17
Exh.__
Exh.__
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Prashant Tikare for plaintiff present.
Adv. Bhambir for D-3 band 4 present.
Adv. Ms. Anita Singh for proposed defendant present and tendered
original chamber summons no. 960/2018 alongwith affidavit. She is
directed to serve the copy of CS to the Ld. Counsel for plaintiff.
Adv. Ms. Nilam Gaikwad for D-1 present and filed VP on behalf of
D-1.
Heard Ld. Counsel for plaintiff and D-3 and 4 in NM No.1288/2018.
Notice of motion no.1288/2018 is filed by D-3 and 4 for condoning
delay of 25 days in filing written statement. The Ld. Counsel for
plaintiff vehemently opposed the prayer to condone the delay. The D-
3 and 4 have stated some reasons for delay of 25 days in the affidavit
filed in support of the NM. Ld. Counsel for plaintiff submits that
delay is actually 35 days and not 25 days. On hearing the ld counsel
for the parties, I find that D-3 and 4 have explained the delay in
paragraph no. 2 of the affidavit. Hence the delay is liable to be
condoned. Accordingly notice of motion no. 1288/2018 is allowed
and written statement of D-3 and 4 is taken on record.
D-3 and 4 undertakes to supply the copy of written statement to all
the parties.
D-1 and 2 have not filed written statement till today despite grant of
time on 11.6.2018. Hence suit to proceed without written statement
of D-1 and 2.
Matter adj. for NM Reply to 17.10.2018.
Judge
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