Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 1340/18 in Su 1788/15 1/2 Date : 4.10.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC010043222018
NOTICE OF MOTION NO.1340/2018
IN
SUIT NO.1788/2015
Bharti Kamble ]... Plaintiff
V/s.
Koresh Ganpati Mahpatra & Ors. ]… Defendants
Adv. Vaidu for plaintiff.
Adv. Rajmani Verma for defendants.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 4.10.2018
ORDER
(Dictated in open court)
This notice of motion is filed by defendants no.1 & 2 for setting
aside order dated 6.12.2017 and for condonation of delay in filing
written statement. The plaintiff has filed reply.
2. Heard Ld. Counsel for the parties. Perused the record.
3. By order dated 6.12.2017, the suit was ordered to proceed
without written statement of defendants no.1 & 2. There is delay of
about three months in filing the motion. The defendants no.1 and 2
have explained reasons for the delay in paragraphs no.3 to 14 of the
affidavit, filed in support of the motion. It appears that the delay in
filing the motion is not deliberate or intentional. The defendants have
also filed medical reports of defendant no.1 which show that he was
taking medical treatment in December 2017 and January 2018. There is
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N/M 1340/18 in Su 1788/15 2/2 Date : 4.10.2018
no reason to disbelieve the cause for delay stated in affidavit. Hence, the
delay is liable to be condoned and the applicants can be given one
opportunity to file written statement. However, the plaintiff must be
compensated for the delay by the defendants. Hence, following order.
ORDER
Notice of motion no. 1340/2018 is allowed subject to
payment of costs of Rs. 2000/ to the plaintiff within two
weeks from today, failing which, the notice of motion shall
stand dismissed.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 4.10.2018 Gr. Bombay.
Dictated on : 4.10.2018
Transcribed : 8.10.2018
Signed on : 8.10.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
8.10.2018 at 5.40 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
4.10.2018
JUDGMENT/ORDER signed by
P.O. on
8.10.2018
JUDGMENT/ORDER uploaded
on
8.10.2018
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