Full Order Text
Final Order 1 · 12 Jul 2019 · CNR MHCC010060262019
Order Details: Notice of Motion Pdf Text: N.M.2166/19 in SC 2235/2018 1 Date :12.07.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.2166 OF 2019 IN S.C. NO. 2235 OF 2018 (CNR.NO.MHCC010060262019) Oriental Contractors Pvt. Ltd. ) ….Plaintiff VERSUS Zaibunnissa Ismail Sayyed ) .... Defendant Appearances: Mr. Suraj Gaikwad, Ld. Advocate for plaintiff present. Mr. Vasim Shaikh, Ld. Advocate for defendant present. Coram : His Honour Judge Shri. A.H.Laddhad Addl. Judge CR No. : 32 Dated : 12th July, 2019. : ORDER : 1. The defendant has filed Notice of Motion for condonation of 180 days delay in filing Written Statement. 2. It is contended by the defendant that she has received suit summons on 15.11.2018. Thereafter, she has started collecting necessary documents required for filing Written Statement. As she was not having material to supply necessary information to her Advocate, therefore, her Advocate issued letter to the advocate of defendant for inspection of the document. Further, there were certain missing pages in the plaint, therefore, her advocate issued letter to the plaintiff and called for those missing pages. 3. It is further contended by the defendant that she is senior citizen -- 1 of 4 -- N.M.2166/19 in SC 2235/2018 2 and having age of 72 years. It is very difficult for her to collect necessary information and forward the same to her advocate. Therefore, delay of 180 days has been caused in filing Written Statement. The defendant further submitted that delay is not intentional. If the delay is not condoned, it would prejudice to her right to defend the suit. 4. Per contra Ld. Advocate for the plaintiff orally opposed the application. Heard both the sides. Perused application and reasons assigned. Admittedly, the defendant is old aged lady. It is not disputed by the plaintiff that there were certain missing pages in the plaint which were supplied to the defendant on 23.04.2019. The reasons shown by the defendant are sufficient for the condonation of delay. In my view, if the delay is not condoned, that would prejudice the right of defendant to defence suit. Moreover, the defendant is old aged woman, in view of that, the delay needs to be condoned. Thus, I proceed to pass the following order. : ORDER : 1. Notice of Motion No. 2166 of 2019 is hereby made absolute in terms of prayer clause 2. The delay of 180 days be condoned without cost. 3. Notice of motion No. 2166 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 12.07.2019 Greater Mumbai Dictated on :12.07.2019 -- 2 of 4 -- N.M.2166/19 in SC 2235/2018 3 Transcribed on :12.07.2019 Draft submitted on :16.07.2019 Checked on :17.07.2019 Signed on :17.07.2019 -- 3 of 4 -- N.M.2166/19 in SC 2235/2018 4 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 17/07/2019 at 4.00 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.32) Date of Pronouncement of JUDGMENT/ ORDER 12/07/2019 JUDGMENT/ORDER signed by P.O. on 17/07/2019 JUDGMENT/ORDER uploaded on 17/07/2019 -- 4 of 4 --