Interim Order 1

Order Details: Notice of Motion
Pdf Text: NM 414/19 in SU 1821/18 .. 1 .. Order
CNR No. MHCC010010722019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 414 OF 2019
IN
SUIT NO. 1821 OF 2018
Madresa Mohammadiya & Panjatamiyah Society of Dahod
...Plaintiffs.
V/s.
Najmuddin Abdeali Gangardiwala & Ors.
...Defendants.
Appearances:
Learned Adv. Ms. Monika Salian for plaintiff.
Learned Adv. Mr. Manoj Kane for defendant No.4.
CORAM : HIS HONOUR JUDGE
SHRI SADRUDDIN A. QUAZI
(C.R.No.04)
DATED : 18th March, 2019.
: ORAL ORDER :
1. The defendant No.4 has taken out this Notice of Motion and has
requested to condone delay occurred in filing the written statement.
2. The learned Advocate of the plaintiff has endorsed on the Notice
of Motion that it may be allowed and she has left the matter in respect
of cost, to the Court.
3. Considering the reasons mentioned in the affidavit in support of
the Notice of Motion, for defendant No.4's failure to file the written
statement, the delay may be condoned and the defendant No.4 may be
allowed to file the written statement by directing him to compensate
the plaintiff for the delay. In my opinion, the defendant No.4 may be
directed to pay cost of Rs.500/ to the plaintiff. Hence, the delay
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NM 414/19 in SU 1821/18 .. 2 .. Order
occurred in filing the written statement may be condoned in the
aforesaid terms. Hence, I pass the following order.
: O R D E R :
1. The Notice of Motion No. 414 of 2019 is allowed and the delay
occurred in filing the written statement of the defendant No.4 is hereby
condoned and the defendant No.4 is allowed to file the written
statement.
2. The defendant No.4 is also directed to pay payment of cost of
Rs.500/ to the plaintiff.
3. In these terms, the Notice of Motion stands disposed of
accordingly.
(SADRUDDIN A. QUAZI)
Judge, (C.R.No.4)
Date : 18.03.2019. City Civil Court, Gr. Mumbai
Dictated on : 18.03.2019.
Transcribed on : 18.03.2019.
Signed on : 18.03.2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19.03.2019, at 11.03 a.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S. A. Quazi
Court Room No.4
Date of Pronouncement of Judgment/order 18.03.2019.
Judgment/order signed by P.O. on 18.03.2019.
Judgment/order uploaded on 19.03.2019.
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