Final Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
NOTICE OF MOTION NO.2822 OF 2019
(CNR NO.MHCC01-007738-2019)
IN
SUIT NO.NO.3431 OF 2013
Shri Baban Ashok Kamble and ors. …. Plaintiffs
Versus
Swati Ashok Kamble …. Defendant
CORAM : HIS HONOUR JUDGE R.R. PATARE
C.R.NO..
: 01.
DATE : 24.12.2025.
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Adv. Ms.Sapna Khobragade for plaintiffs.
Adv. Mr.Mohan Khatavkar for defendant.
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ORAL ORDER
(DICTATED IN OPEN COURT)
1. Perused pleadings. Heard Advocates for the parties. This Notice
of Motion is taken out by defendant requesting to set aside order
dated 07.12.2017 and also seek permission to pay cost amount of
Rs.6000/- as per the order dated 06.09.2017. By order dated
07.12.2017, suit proceeded undefended against the defendants. The
defendant has taken out Notice of Motion for delay condonation and
to set aside exparte order. The Notice of Motion came to be allowed
on condition to pay cost amount of Rs.6,000/- to plaintiff within 60
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2
days. However, defendants did not pay the said cost amount to the
plaintiffs. From the affidavit filed in support of Notice of Motion, it is
seen that the delay caused is not intentional and deliberate.
Considering the nature of the suit and the reasons stated in the
affidavit filed in support of Notice of Motion, one more opportunity is
granted to defendants to comply the order passed in Notice of
Motion. In the result, following order is passed :-
ORDER
1. Notice of Motion no.2822 of 2019 is hereby
allowed.
2. Time extended to comply order passed in Notice of
Motion dated 06.09.2017.
3. Notice of Motion is disposed off accordingly.
Date : 24.12.2025
Place : Mumbai.
(R.R. PATARE),
Judge,
City Civil & Sessions Court,
Greater Mumbai.
Dictated and typed on : 24.12.2025.
Signed on : 24.12.2025.
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
DATE : 24.12.2025, AT 05.00 P.M. MAHESH KESHAV SAKHARKAR
STENOGRAPHER GRADE-I
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court no.) : SHRI R.R. PATARE. C.R.NO.01.
Date of pronouncement of
judgment/order
: 24.12.2025.
Judgment/order signed by the P.O. on : 24.12.2025.
Judgment/order uploaded on : 24.12.2025, AT 05.00 P.M.
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