Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2922-19 in S.C.Suit no.1271-17
1 Date :08.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 2922 OF 2019
IN
S.C. SUIT NO. 1271 OF 2017
(CNR NO.MHCC010080532019 )
Mr. Mustaq Amam Shaikh .. Plaintiff
Versus
Mr. Salim A.H. Qureshi & Ors. .. Defendants
Appearances :
Adv.Amit Joshi i/b Vinod Naik and Co. for plaintiff.
Adv.Prashant Pandey a/w Adv.Aiqan Memon for defendant no.
1,4,9 and 10.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 08.01.2020
ORDER
1. The defendant no. 1, 4, 9 and 10 have filed instant Notice of
Motion for condonation of 14 months and 07 days delay in filing
Written Statement and grant of permission to file their Written
Statement on record.
2. It is contended by the defendants that they have been served
with the suit summons. However, the defendant no. 1 was
hospitalised and defendant no. 2 being wife and other defendants
are the relatives were busy in taking care of defendant no. 1.
Hence, Written Statement could not be filed withing time.
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NM 2922-19 in S.C.Suit no.1271-17
2 Date :08.01.2020
3. The Notice of Motion is opposed by the plaintiff by filing say.
It is contended that there is no bonafide reasons assigned for
condonation of delay. The Ld. Advocate for the plaintiff fairly
conceded that in the event delay is condoned, the cost be imposed.
Thus, accepting the aforesaid statement, Notice of Motion needs to
be allowed. Thus, I proceed to pass the following order
ORDER
1. Notice of Motion No.2922 of 2019 is allowed in terms of
prayer clause a and b subject to condition of payment of cost
of Rs.5000/.
2. Upon payment of aforesaid cost the written statement of
defendant no.1,4,9 and 10 be taken on record.
3. Defendant to bear cost of Notice of Motion.
4. Notice of Motion No.2922 of 2019 is disposed off.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 08.01.2020 Greater Bombay.
Dictated on : 08.01.2020
Typed on : 09.01.2020
Draft Submitted on : 09.01.2020
Checked on : 15.01.2020
Signed on : 15.01.2020
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NM 2922-19 in S.C.Suit no.1271-17
3 Date :08.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/01/2020 at 5.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
08/01/2020
JUDGMENT/ORDER signed by P.O.
on
15/01/2020
JUDGMENT/ORDER uploaded on 15/01/2020
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