Final Order 1

Order Details: Notice of Motion
Pdf Text: Sr. No.64
02.12.2025
Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai.
(C.R.08)
Suit No.
223/2018
CS
1369/2025
NM
359/2018
NM
3893/2019
Exh.9
Plaintiff present.
Adv. Nilesh Pandey for plaintiff present and endorsed say on NM
No.3893/2019 itself.
Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Karan Choudhary i/b Adv. Makrand Kale for Applicant in
Chamber Summons present and tendered rejoinder affidavit in
Ch/s.No.1369/2025. Taken on record.
Order on Notice of Motion No.3893/2019
Heard Ld. Adv. for plaintiff and defendant No.1.
Though the Ld. Adv. for plaintiff has raised the objection for this
notice of motion but this notice of motion is for restoration of notice
of motion No.5185/2024 dated 10.08.2018 which is dismissed in
default. No prejudice would cause to the plaintiff, if the said NM is
restored, because he can file reply and contest the said NM on
merits. Hence, in the interest of justice, this notice of motion is
hereby allowed in terms of prayer clause (a) and (b) and made
absolute.
Notice of Motion No.5185/2024 is hereby restored at its original
stage.
Judge
Order on Notice of Motion No.5185/2024
Heard Ld. Adv. for plaintiff and defendant No.1.
The defendant No.1 has taken out this notice of motion to
condone the delay of about 111 days in filing written statement. Ld.
Adv. for plaintiff has already filed say and opposed this notice of
motion.
However defendant No.1 being a public officer of MSEDCL, duty
heavy work load, he could not file the written statement within
time. Hence, defendant No.1 has explained the delay and shown the
sufficient cause. Hence, the delay of about 111 days is hereby
condoned. Accordingly Notice of Motion No.5185/2024 is hereby
allowed in terms of prayer clause (a) and (b) and made absolute.
The written statement filed by defendant No.1 is read and recorded
and marked as Exh.9.
Matter adjourned for Ch/s. and NM Hearing to 07.01.2026.
Judge
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