Order 1

Order Details: Notice of Motion
Pdf Text: N/M 2201/18 in Su 3897/2011 1/2 Date : 14.12.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR NO.:MHCC010071092018
NOTICE OF MOTION NO.2201/2018
IN
SUIT NO. 3897/2011
Charulata Arvind Arekar ...Plaintiff
V/s.
Baburao Vithal Kalsekar & Ors. …Defendants
Adv. Snehal for plaintiff.
Adv. Dube for defendants.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE :14.12.2018
ORDER
(Dictated in open court)
By this notice of motion, the plaintiff is praying to condonation of
delay and set aside order dated 7.3.2018, whereby the evidence of
plaintiff was closed. The defendant no.5 has filed reply to the motion.
2. Heard Ld. Counsel for both sides. Perused the record.
3. It is urged by the Ld. Counsel for plaintiff that the plaintiff is
Senior Citizen of about 70 years. Her original documents were mis
placed and it took time to trace out such papers. She is suffering from
age related problems. Therefore, it is urged that there is delay in filing
this motion and evidence could not be filed in time.
4. The Ld. Counsel for defendants no.4 & 5 has opposed the prayers
in motion on the ground that the plaintiff was totally negligent in
prosecuting the suit.
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N/M 2201/18 in Su 3897/2011 2/2 Date : 14.12.2018
5. A perusal of the affidavit filed in support of the motion shows that
the plaintiff has explained the reasons for non filing of evidence in
paragraph no.2, 2A & 3. The plaintiff is a Senior Citizen and she may be
suffering from age related problems. She has filed her medical
certificate, which shows that she was taking medical treatment on
2.3.2018 and she was advised to take bed rest. There is no reason to
disbelieve the cause for delay and non filing of evidence given by the
plaintiff. Hence, the plaintiff can be granted one more opportunity to
file evidence. However, plaintiff is liable to compensate defendants no.4
& 5 for the delay. Hence, following order.
ORDER
1. The notice of motion no.2201/2018 is made absolute in
terms of prayer clauses (a) and (b) subject to payment of
cost of Rs.1,000/ to defendants no.4 & 5 within two
weeks.
2. If cost is paid, plaintiff shall file evidence by next date.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 14.12.2018 Gr. Bombay.
Dictated on : 14.12.2018
Transcribed : 17.12.2018
Signed on : 17.12.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
18.12.2018 at 10.30 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court HHJ Shri G. R. Agrawal, C.R.
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N/M 2201/18 in Su 3897/2011 3/2 Date : 14.12.2018
room no.) No.3
Date of Pronouncement of
JUDGMENT/ORDER
14.12.2018
JUDGMENT/ORDER signed by
P.O. on
17.12.2018
JUDGMENT/ORDER uploaded
on
18.12.2018
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