Final Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 NM No.1644/2019 in Suit 53/19
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.1644/2019
CNR No. : MHCC010045342019
IN
SHORT CAUSE SUIT NO. 53/2019
Subhash Narayan Ghole ...Plaintiff
V/s.
Sharad Narayan Ghole ...Defendant
Adv. Jadhav for plaintiff.
Adv. Nair for defendant.
CORAM : HHJ Shri. G. R. Agrawal
C.R. No.3
DATED : 30.04.2019
ORDER
(Dictated in open Court)
By this notice of motion, the defendant is praying to condone the
delay of 73 days in filing written statement and for permission to file
written statement on record. The plaintiff has filed reply to the notice
of motion.
2. Heard Ld. Counsel for the parties and perused record.
3. It is stated in the affidavit filed in support of the notice of motion
that the defendant was trying to find out true facts regarding the
documents filed by plaintiff with the suit and therefore the written
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statement could not be prepared. It is stated that his Advocate was in
Delhi before Hon'ble Apex Court in connection with some matters and
therefore he was also not available.
4. In the reply filed by plaintiff, it is submitted that defendant has
failed to give sufficient reason to condone the delay. It is therefore
prayed that the motion be rejected.
5. On hearing the Ld. Counsel for parties and on perusing
explanation given by defendant in his affidavit, I find that the defendant
has made out sufficient cause for condoning the delay of 73 days in
filing written statement. The delay does not appear to be deliberate or
intentional. Hence delay is liable to be condoned. However, defendant
is liable to compensate the plaintiff by paying costs. Hence following
order.
ORDER
1. Notice of motion no. 1644/2019 is allowed subject
to payment of cost of Rs.2000/ to plaintiff within
two weeks, failing which, the notice of motion shall
stand dismissed.
2. If cost is paid, the written statement of defendant
be taken on record.
(G.R. Agrawal)
Judge
City Civil Court,
Gr. Bombay.
Date : 30.4.2019
Dictated on : 30.4.2019
Typed on : 6.5.2019
Signed on : 6.5.2019
CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
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JUDGMENT/ORDER”
30.4.2019 at 3.30 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
30.4.2019
JUDGMENT/ORDER signed by
P.O. on
6.5.2019
JUDGMENT/ORDER uploaded
on
6.5.2019
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