Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 1398/18 in Su 1788/15 1/2 Date : 4.10.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC010043982018
NOTICE OF MOTION NO.1398/2018
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 defendant no.3 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 defendant no.3. There is delay of about
three months in filing the motion. The defendant no.3 has explained
reasons for the delay in paragraphs no.3 to 13 of the affidavit, filed in
support of the motion. It appears that the delay in filing the motion is
not deliberate or intentional. There is no reason to disbelieve the cause
for delay stated in affidavit. Hence, the delay is liable to be condoned
and the applicant can be given one opportunity to file written
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N/M 1398/18 in Su 1788/15 2/2 Date : 4.10.2018
statement. However, the plaintiff must be compensated for the delay by
the present defendant. Hence, following order.
ORDER
Notice of motion no.1398/2018 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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