Final Order 1

Order Details: Notice of Motion
Pdf Text: Unregistered NM in Summary Suit No. 67-19
1 Date : 13.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3674 OF 2019
IN
SUMMARY SUIT NO. 67 OF 2019
(CNR NO.MHCC010111892018)
Smt. Champa W/o. Shyamnarayan Singh & Ors. .. Plaintiffs
Versus
Dr. Ramesh Chauhan .. Defendant
Appearances :
Adv.Neelam Gupta for plaintiff present
Adv.Ashutosh Misra for defendant no.1 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 13.09.2019
ORDER
1. The defendant has filed instant Notice of Motion for
condonation of 3 days delay in filing leave to Defend the present
suit.
2. It is contended by the defendant that he has received
summons for judgment through Speed Post on 31.08.2019. The
defendant was suffering from Heart ailment therefore, he could
not file Affidavit for leave to Defend the present suit within 10
days from the date of service. The delay is unintentional and
beyond control of defendant. It is contended by the defendant
that he has good case on merit as well as on law. He has good
defence. Hence, delay of 3 days may be condoned in the interest
of justice.
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Unregistered NM in Summary Suit No. 67-19
2 Date : 13.09.2019
3. The application is opposed by the plaintiff. It is argued on
behalf of the plaintiff that the defendant failed to file any Medical
Certificate on record to justify the reasons of delay. The delay is
not properly explained. Hence, the plaintiff prayed for rejection of
the Notice of Motion.
4. Heard both the sides. Perused Notice of Motion. It appears
that the defendant is a senior citizen. The reason shown is that the
defendant was suffering from heart ailment. In my view, looking
to the age of the defendant, the reasons assigned for condonation
of 3 days delay are sufficient. Hence, I am inclined to condone the
said delay. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 3674 of 2019 is hereby made absolute
in terms of prayer clause “a and b”
2. The delay of 3 days in filing Affidavit of leave to Defend is
hereby condoned subject to the payment of cost of Rs. 500/
to the plaintiff on or before next date.
3. Notice of Motion No. 3674 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 13.09.2019 Gr. Bombay
Dictated on : 13.09.2019
Typed on : 13.09.2019
Draft Submitted on : 13.09.2019
Checked on : 13.09.2019
Signed on : 18.09.2019
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Unregistered NM in Summary Suit No. 67-19
3 Date : 13.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/09/2019 at 3.00 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
13/09/2019
JUDGMENT/ORDER signed by P.O.
on
18/09/2019
JUDGMENT/ORDER uploaded on 18/09/2019
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