Interim Order 1

Order Details: Notice of Motion
Pdf Text: DRAFT NM in SU 1840/18 .. 1 .. Order
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT NOTICE OF MOTION
IN
SUIT NO. 1840 OF 2018
Shri Pratap Fatumal Dharra & Anr. ...Plaintiffs.
V/s.
Shri Pradeep Assandas Dharra & Anr. ...Defendants.
Appearances:
Ld. Adv. Ms. Asma Khan for plaintiffs.
Ld. Adv. Mr. K.B. Bhambid for defendants No.1 and 2.
CORAM : HIS HONOUR JUDGE
SHRI SADRUDDIN A. QUAZI
(C.R.No.04)
DATED : 13th November, 2018.
: ORAL ORDER :
1. The defendants No.1 and 2 have taken out this Notice of Motion
for condonation of delay in filing the written statement. The delay is
said to be 28 days.
2. The learned Advocate of the plaintiffs given say on this Notice of
Motion that heavy cost be imposed, if delay going to be condoned.
3. Heard the parties. The writ of summons appears to have been
served on the defendants on 15.09.2018. The reason for the delay
mentioned in the affidavit in support of Notice of Motion is illness of the
defendant No.2, who is more than 82 years old. Considering this and
considering that the delay is not of longer period, it can be condoned by
compensating the plaintiffs by directing the defendants to pay the
reasonable amount of cost. The learned Advocate of the defendants
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DRAFT NM in SU 1840/18 .. 2 .. Order
submits that Rs.500/ would be the reasonable amount of cost. The
learned Advocate of the plaintiffs submits that it should be at least
Rs.2000/. In view of these submissions, the delay may be condoned by
directing the defendants to pay cost of Rs.2000/ to the plaintiffs.
Hence, I pass the following order.
: O R D E R :
1. The Draft Notice of Motion is allowed in
following terms :
(i) 28 days delay occurred in filing
written statement of the defendants is
hereby condoned and the defendants are
allowed to file written statement.
(ii) The defendants do pay cost of
Rs.2000/ to the plaintiffs.
(iii) For statistical purpose, the Draft
Notice of Motion be registered.
(iv) In these terms, the Notice of Motion
stands disposed of accordingly.
(SADRUDDIN A. QUAZI)
Judge, (C.R.No.4)
Date : 13.11.2018. City Civil Court, Gr. Mumbai
Dictated on : 13.11.2018.
Transcribed on : 13.11.2018.
Signed on : 13.11.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.11.2018, at 4.13 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
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Name of the Judge
(With Court room no.)
HHJ Shri S. A. Quazi
Court Room No.4
Date of Pronouncement of Judgment/order 13.11.2018.
Judgment/order signed by P.O. on 13.11.2018.
Judgment/order uploaded on 13.11.2018.
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