Full Order Text
Final Order 1 · 05 Dec 2019 · CNR MHCC010045232019
Order Details: Notice of Motion Pdf Text: 1 1 NM NO. 1648/19 IN SUM. SUIT 1279/ 2018 IN THE CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1648 OF 2019 IN SUMMARY SUIT NO.1279 of 2018 (CNR.NO.MHCC010045232019) Umardeen Kalu Mansuri …. Plaintiff Versus Amin Sultan Mansuri @ Mansoori …. Defendant Appearances: Advocate Shri.Rajapurkar for the Plaintiff Advocate Shri.Hasanale for the Defendant. Coram : HIS HONOUR JUDGE DEEPAK L. BHAGWAT DATE : 5th December 2019 (C. R. NO. 28) ORDER 1. This is notice of motion to condone delay of two days caused to file the reply to summons for judgment i.e. to file leave to defend. 2. The plaintiff resisted the notice. 3. The Ld. advocate on behalf of the defendant argued that the defendant could not file the reply due to illness. The delay is of only two days. Therefore, he requested to allow the motion. On the other hand, the Ld. advocate on behalf of the plaintiff argued that there is no documentary evidence to show that the defendant was ill. No ground is made out to condone the delay. Therefore, he requested to reject the -- 1 of 3 -- 1 2 notice of motion. 4. The reason mentioned in the notice of motion is that the defendant is ill person and has to get dialysis treatment frequently. Therefore, delay of two days is caused. True that no document is placed regarding illness of the defendant. However, the period of delay, is only two days which is very short period. Considering shortness of delay, it is just and proper to condone the same subject to costs of Rs.500/. Hence, order as follows is passed : Order 1. The Notice of motion No.1648/2019 is allowed as under: 2. Delay Caused to the defendant to file the reply /leave to defend is condoned subject to costs of Rs. 500/ (Rs. Five Hundred Only) to be paid to the plaintiff by the defendant. 3. Notice of motion No. 1648/2019 is hereby disposed of accordingly. (Deepak L. Bhagwat) AdHoc Judge City Civil Court, Gr. Mumbai Date: 05.12.2019 Dictated on : 05.12.2019 Transcribed on : 06.12.2019 Signed on : 10.12.2019 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 16/12/2019 at 12.30p.m. Mrs.J.V.Pawar UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Shri.Deepak L. Bhagwat (C.R.NO.28) -- 2 of 3 -- 1 3 Date of pronouncement of Judgment/Order 05/12/2019 Judgment/Order signed by P.O. on 10/12/2019 Judgment/Order uploaded on 16/12/2019 -- 3 of 3 --