Interim Order 1

Order Details: Notice of Motion
Pdf Text: N.M.451-19 in Suit 1796-18 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 451 OF 2019
IN
SUIT NO. 1796 OF 2018
(CNR.NO.MHCC010011382019)
M/s. A.R. Constructions .. Plaintiff
Versus
Smt. Sarojdevi Rameshkumar Jain ..Defendant
Shri. Vinod L. Desai, Advocate for Plaintiff.
Shri. Manohar Mandavakar, Advocate for Defendant.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
CR No. : 32
Dated : 2nd May, 2019.
: ORDER :
1. Defendant has taken out this Notice of Motion for
condonation of delay of 44 days in filing written statement.
2. Writ of summon was served on defendant on 12.09.2018.
However during the time husband of defendant was hospitalized at
Somaiya Hospital at Sion for the treatment of heart. Therefore,
defendant could not engaged an Advocate to tendered her written
statement before the court. Hence delay has been caused prays that
Notice of Motion be made absolute in terms of prayer clause.
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N.M.451-19 in Suit 1796-18 2
3. Plaintiff has no objection for condonation of delay.
4 Heard Ld. Adv. Shri. Mandavkar for defendant and Ld. Adv.
Desai for plaintiff.
5. If the delay is not condone the defendant still be deprived
by putting his defence before the court. The reasons assigned by the
defendant for condonation of delay are found to be of 'sufficient cause',
hence delay in filing the written statement is required to be condone.
6. In view of the above discussion, I pass the following order.
: ORDER :
1. Notice of Motion No.451/2019 is made absolute in terms of
prayer Clause.
Date : 02.05.2019 (Pushpa N. Rao)
Ad hoc Judge
City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 02.05.2019
Signed by HHJ on : 02.05.2019
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N.M.451-19 in Suit 1796-18 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 02.05.2019 at 5.32P.M.
NAME OF THE STOP GAP STENOGRAPHER : Mrs. P.S.Mahale.
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
02.05.2019
Judgment/Order signed by P.O. on 02.05.2019
Judgment/Order uploaded on 02.05.2019
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