Interim Order 2

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT NO.5
IN
LONG CAUSE SUIT NO. 1351 OF 2019
Sharad Nandsukhlal Shroff ... Plaintiff
V/s.
1. The Municipal Corporation
of Greater Mumbai and Ors. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 20/04/2023
Adv. R. Narayanan for plaintiff.
Adv. Sunil Bhagat for defendant No. 4.
Adv. Meena Dhuri for defendant/BMC present.
ORAL ORDER
1. This is an application for seeking extension of time for
compliance of order dated 03.11.2022. On the other hand defendant
no.4 objected the present application.
2. Heard both the sides.
3. This is a suit for declaration and injunction. As per record,
four weeks time to carry out amendment in the plaint was granted and
matter was adjourned on 23.02.2023. On perusal of medical papers i.e.
discharge summary, it appears that on 23.02.2023 to 05.03.2023 wife
of the plaintiff was admitted in the hospital. On the other hand, it is the
contention of the defendant no.4 that in other proceeding the plaintiff
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2 Exh.No. 5
remained present but intentionally avoiding to appear before the Court
to comply the said order. It is admitted position on record that plaintiff
is a senior citizen. The multiple litigations are going on between parties.
As per order in chamber summons No. 1839/2019 dated 03.11.2022
present applicant was impleaded as a necessary party to the proceeding.
Considering the grounds mentioned in the application, it is clear that
there is a delay on the part of plaintiff to comply order dated
03.11.2022. The delay on the part of plaintiff can be condoned by
imposing justifiable cost. Hence, in the interest of justice, I proceed to
pass following order.
ORDER
1. Application (Exh.5) is allowed subject to cost of Rs.500/
payable to District Legal Services Authority. (DLSA)
2 Upon compliance i.e. upon depositing the cost of Rs.500/ with
DLSA, plaintiff is permitted to comply order dated 03.11.2022
within two weeks from the date of depositing cost of amount to
DLSA.
(R. B. Parvekar)
Date20.04.2023 Adhoc Judge,City Civil Court,
Gr. Bombay.
Dictated on : 20.04.2023
Typed on : 20.04.2023
Signed on :
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3 Exh.No. 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03/05/2023 11.30 a.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
20/04/2023
JUDGMENT/ORDER signed by
P.O.on
21/04/2023
JUDGMENT/ORDER uploaded on 03/05/2023
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