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Court Order

Final Order 1

CNR MHCC01011292201914 Aug 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 14 Aug 2025 · CNR MHCC010112922019

Order Details: Other
Pdf Text: 14.08.2025
Sr. No. 60
CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09)
Suit No.
2616/2018
NM 4123/2019
Plaintiff present and his Advocate Qureshi present for plaintiff.
None present for defendants.
NM No.4123/2019 for condonation of delay to file WS on record is
filed and contended that there is delay of 116 days. None present
from the side of defendant No.1. However, matter is of the year 2018
and NM is pending hence, taken up for consideration.
Advocate for plaintiff strongly opposed the NM contending that
def. No.1 has made out false story and allegations made in para No.4
are false. Defendant No.1 has not came with the clean hands hence,
prayed for rejection of the same. Admittedly there is delay in filing
WS. However, it is contended that the defendant no.1 was served only
the copy of plaint and the document was not received. Therefore the
delay is caused. In this regard it is to be noted that matter needs to be
decided on merit and therefore opportunity to file the WS needs to be
granted. There is delay hence, plaintiff must be compensated for that.
Hence, NM No.4123/2019 is allowed subject to costs of Rs.2000/-
payable to the plaintiff on or before next date. Defendant No.1 is
further directed to file the WS on next date without fail, on failure
matter will be proceeded further. NM is disposed of accordingly.
Matter is adjourned to for 03.11.2025 for Compliance
Judge
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