Full Order Text
Final Order 1 · 18 Jan 2019 · CNR MHCC010061712018
Order Details: Notice of Motion Pdf Text: :1: N.M. No.1891/2018 in Sum. Suit No.291/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO.1891 OF 2018 CNR NO.: MHCC010061712018 IN SUMMARY SUIT NO. 291 OF 2018 Mr. Naresh Rakhma Walunje ]...Plaintiff V/s. Mr. Laxman Maruti Titakare ]...Defendant Appearances: Advocate Mr. M.D. Pokale for the plaintiff. Advocate Mr. Bhalchandra S. Shinde for the defendant. CORAM : HER HONOUR JUDGE S.P. AGARWAL (C.R.NO.9) DATED : 18th JANUARY, 2019. ORAL ORDER 1. Defendant has stated that he is employee in the Court of Pune as peon and residing at Pune. He has stated that his father is ill due to brain hemorrhage and he has to travel to native place to look after him. He has further stated that he was not aware about Advocates at Mumbai and it took some time to search and locate an Advocate who practices in Mumbai. He has further stated that it is difficult to get leave and travel to Mumbai to appoint an Advocate and being a financially poor background he could not afford fees of some Advocates whom he had approached. He has further stated that due to above reasons there is delay of 30 days in filing appearance be condoned. 2. Plaintiff has contended that defendant could have his Advocate -- 1 of 3 -- :2: N.M. No.1891/2018 in Sum. Suit No.291/2018 at Pune and could have filed his appearance within 10 days. Considering the facts that defendant is staying at Pune and case is filed in Mumbai and delay is of 30 days, it appears delay is not intentional, but due to delay of defendant, plaintiff should not suffer. Hence, following order : ORDER 1. Notice of Motion No.1891/2018 is allowed, subject to cost of Rs.1,000/ be given by defendant to plaintiff. 2. Notice of Motion No.1891/2018 stands disposed of. (S.P. AGARWAL) Judge, Date: 18.01.2019. City Civil Court, Gr. Bombay. Dictated on : 18.01.2019 Transcribed on : 18.01.2019 Signed on : 18.01.2019 -- 2 of 3 -- :3: N.M. No.1891/2018 in Sum. Suit No.291/2018 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 19.01.2019 At 2:07 pm. Mr. Subhash Sukhdeo Poul UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Ms. S.P. Agarwal (C.R.NO.09) Date of pronouncement of Judgment/Order 18.01.2019 Judgment/Order signed by P.O. on 18.01.2019 Judgment/Order uploaded on 19.01.2019 -- 3 of 3 --