Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1943/2020 in S.C.Suit No. 2176/19. 1 Order.
MHCC010057402020
Presented on : 14-12-2020
Registered on : 14-12-2020
Decided on : 21-02-2023
Duration : 2 years, 2 months, 7 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1943 OF 2020
IN
S. C. SUIT NO. 2176 OF 2019
Alok Kumar Bagla and one )...Plaintiffs
Versus
Mr. Nakhir Rashid Khan )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 21st FEBRUARY, 2023.
Smt. Shashikala Mahamuni, Advocate for the defendant.
Shri S.N.Nagpurkar, Advocate for the plaintiffs.
ORDER
1. The defendant has taken out the notice of motion for
condoning delay of three months in filing written statement and to take
written statement on record. Perused notice of motion and affidavit in
reply filed by the plaintiffs. Heard learned counsel Smt. Shashikala
Mahamuni for the defendant and learned counsel Shri S.N.Nagpurkar
for the plaintiffs.
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N/m No. 1943/2020 in S.C.Suit No. 2176/19. 2 Order.
2. On perusal of the record, it appears that the defendant is
served with Writ of Summons on 01/10/2019 and he received copy of
the plaint on 26/10/2019. Present notice of motion and written
statement are filed on 14/02/2020. If maximum period of 90 days is
taken into account, there is delay of approximately 19 days in filing
written statement. Considering nominal delay in filing written
statement and reason of nonavailability of the defendant, delay can be
condoned by imposing reasonable cost. Hence, I pass the following
order :
ORDER
1. Notice of Motion No. 1943/2020 is made absolute in terms
of prayer clause (a) subject to cost of Rs.2,000/ payable to
the plaintiffs or learned counsel for the plaintiffs on or
before the next date of hearing.
2. Written statement filed by the defendant on 14/02/2020
shall be exhibited on payment of cost as above.
3. Proceeding of N/m No. 1943/2020 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 21/02/2023. Mumbai.
1. Dictated online on : 21/02/2023.
2. Checked and Signed on : 22/02/2023.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 1943/2020 in S.C.Suit No. 2176/19. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/02/2023. 5.46 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 21/02/2023.
Judgment/Order signed by P.O. on 22/02/2023.
Judgment/Order uploaded on 22/02/2023.
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