Order 1

Order Details: Notice of Motion
Pdf Text: N/M 2395/18 in Su 693/17 1/2 Date : 24.07.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC010119922016
NOTICE OF MOTION NO.2395/2018
IN
SUIT NO.693/2017
Baban Laxman Tribhuwan ]... Plaintiff
V/s.
Nalini Vishwamber Shewakramani & Ors. ]… Defendants
Adv. Ms. Sangita More for plaintiff.
Adv. Babada for defendant no.1.
Adv. Sachin Kanase for defendants no.2,3,5 & 6.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 24.07.2018
ORDER
(Dictated in open court)
This motion is filed by defendant no.1 for condonation of delay of
130 days in filing written statement and permission to file written
statement on record. The plaintiff has filed reply to the motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. On hearing the Ld. Counsel for the parties, I find that the
defendant no.1 has explained the reasons for the delay in paragraphs
no.3 to 5 of the affidavit filed in support of the motion. It appears that
the defendant no.1 was unable to meet his Advocate as he himself was
out of town for business purpose. There is no reason to disbelieve the
cause for delay given by defendant no.1 in his affidavit. Hence, the
delay is liable to be condoned and defendant can be permitted to file
written statement. However, the defendant is liable to compensate the
plaintiff for the delay. Hence, following order.
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N/M 2395/18 in Su 693/17 2/2 Date : 24.07.2018
ORDER
1. Notice of motion no. 2395/2018 is allowed subject to
payment of cost of Rs. 2000/ to the plaintiff within two
weeks, failing which the notice of motion shall be
dismissed.
2. If cost is paid, the written statement be taken on record.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 24.07.2018 Gr. Bombay.
Dictated on : 24.07.2018
Typed on : 27.07.2018
Signed on : 27.07.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
27.7.2018 at 5.45 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal,
C.R. No.3
Date of Pronouncement of
JUDGMENT/ORDER
24.07.2018
JUDGMENT/ORDER signed by
P.O. on
27.07.2018
JUDGMENT/ORDER uploaded
on
27.07.2018
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