Interim Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 Unregistered N/m
in Summ. Suit No. 724 of 2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
UNREGISTERED NOTICE OF MOTION
IN
SUMMARY SUIT NO.724 OF 2019.
Sailee Santosh Sawant ... Plaintif
V/s.
Mahesh Balwant Sonawane ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 14.02.2020.
Appearances:
Mr. Ramesh Jain, Advocate for plaintif.
Mr. Sudarshan P. Gamre, Advocate for defendant.
-: ORDER :-
This is a notice of motion taken out by the defendant for
condonation of delay for fling appearance and Vakalatnama
on record. The plaintif has fled reply to the same.
2. Perused the notice of motion and reply of the plaintif.
Heard both the advocates for the parties at the length.
3. It is contended by the defendant that due to illness and
subsequent death of his father during the relevant period, he
was unable to tender his appearance within 10 days from the
date of service of summons. Therefore, 65 days delay is
caused for fling his appearance and his Vakalatnama on
record in this suit.
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2 Unregistered N/M
in Suit No. 724 of 2019
4. Considering the submissions made by the advocates of
the plaintif and the defendant, this Court holds that the
defendant was unable to fle his appearance and Vakalatnama
in this suit. The reason given by the defendant that illness and
subsequent death of his father during the relevant period for
delay is satisfactory. The delay caused for fling appearance
and Vakalatnama in this Suit is explained properly.
5. In this background, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing
the defendant to fle appearance and Vakalatnama to defend
to the Summons for Judgment. Hence, I pass following order.
ORDER
1. The unregistered Notice of Motion is allowed,
subject to cost of Rs.1000/-, which shall be paid
by the defendant to the plaintif, on or before
next date.
2. The defendant is granted permission to put his
appearance and Vakalatnama in the interest of
justice.
3. The Notice of Motion be registered for statistical
purpose only.
4. The unregistered Notice of Motion is disposed of.
(S.G.Shaikh)
Judge,
Date : 14.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 14.02.2020.
Signed on : 14.02.2020.
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3 Unregistered N/M
in Suit No. 724 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
14.02.2020 5.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
14.02.2020
Order signed by P.O. on 14.02.2020
Order uploaded on 14.02.2020
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