Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2953/2019 SUM.SUIT 1310/2018 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MOTICE OF MOTION NO.2953 of 2019
IN
SUMMARY SUIT NO. 1310 of 2018
CNR NO.: MHCC010081042019
Deepak Vithalrao Nanavare ...Plaintiff
Versus
Motilal J Yadav ….Defendant
Appearances:
Advocate Ramesh Jain for the Plaintiff.
Advocate Ms.Vidya Amlani for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 24th OCTOBER 2019
ORDER
This is Notice of motion for condonation of delay of 6 months
and 27 days to file appearance.
2. Heard Ld.counsel for defendant and Ld.counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
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NM 2953/2019 SUM.SUIT 1310/2018 2
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 6months
and 27 days to file appearance?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.counsel for defendant has submitted that due to ill health
of the mother of defendant who is about 90years old and bed ridden the
defendant was not able to approached his advocate within time and
therefore, there is delay .
5. The Ld.counsel for plaintiff has replied to this application and had
stated that deliberately the vakalatnama is not filed within time by the
defendant therefore, their application be rejected.
7. From the record it can be seen that there is delay of 6months 27
days to file vakalatnama on behalf of defendant. The defendant has
taken ground of ill health o his old age mother. Without taking any
harsh view and as defendant is interested to contest this suit it will be
proper to give defendant a fair chance. The delay can be compensated.
Therefore, point Nos. 1 is answered as 'Yes' and following order is
passed.
ORDER
1. Notice of Motion No.2953 of 2019 is allowed.
2. The delay of 6months and 27 days to file appearance of
defendant is condoned subject to cost of Rs.5,000/ to be paid to
plaintiff.
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NM 2953/2019 SUM.SUIT 1310/2018 3
3. On payment of cost, vakalatnama shall be taken on record.
4. Notice of Motion No.2953 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 24/10/2019 City Civil Court,Gr. Bombay
Dictated on : 24/10/2019
Transcribed on : 24/10/2019
Signed on : 24/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/11/2019 at 4.15p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
24/10/2019
Judgment/Order signed by P.O. on 24/10/2019
Judgment/Order uploaded on 02/11/2019
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