Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4347-19 in S.C. Suit no. 2106-19
1 Date : 05.12.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4347 OF 2019
IN
S.C. SUIT NO. 2106 OF 2019
(CNR NO.MHCC010119412019 )
Shitlaprasad Baijyanath Yadav .. Plaintiff
Versus
Anand P. Phondkar .. Defendant
Appearances :
Adv.Suresh Barne for plaintiff present.
Adv.Babu M.B h/f Adv. G.S.Bhat for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 15.11.2019
ORDER
1. The defendant filed instant Notice of Motion seeking
condonation of delay in filing Written Statement.
2. It is contended by the defendant that he has received suit
summons on 08.08.2019. It is contended by the defendant that
after receipt of the suit summons he has met with his advocate on
18.08.2019. However, in last week of August 2019 defendant
went to his native place for “Ganapati Festival” and he came back
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NM 4347-19 in S.C. Suit no. 2106-19
2 Date : 05.12.2019
on 24.09.2019. Therefore, the delay of 30 days has been caused in
filing Written Statement.
3. The defendant contended that if the delay is not condoned,
he will suffer irreparable loss which can not be compensated in
terms of money. He has good case on merit. Hence, he prayed for
condonation of delay in filing Written Statement.
4. The Notice of Motion is opposed by the plaintiff by filing say
on the ground that there is no reasonable and sufficient cause
shown by the defendant. Hence, plaintiff prayed for dismissal of
Notice of Motion.
5. Heard both the sides. Perused Notice of Motion and reply.
The defendant assigned reason that he went to his native place for
“Ganapati Festival”. During that period he has sustained loss to
his property due to the heavy rain. The plaintiff fairly conceded
that if, the delay is condoned then the cost be imposed. Thus,
looking to the reason assigned and statement made by the
plaintiff, I am inclined to condone the delay by awarding cost of
Rs. 2,000/ to be payable by the defendant to the plaintiff. Thus, I
proceed to pass the following order :
ORDER
1. Notice of Motion No. 4347 of 2019 is hereby allowed subject
to the condition of payment of cost of Rs. 2,000/ to be
payable by the defendant to the plaintiff.
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NM 4347-19 in S.C. Suit no. 2106-19
3 Date : 05.12.2019
2. After the payment of the aforesaid cost, the defendant be
allowed to file Written Statement on record.
3. Notice of Motion No. 4347 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 05.12.2019 Greater Bombay.
Dictated on : 06.12.2019
Typed on : 06.12.2019
Draft Submitted on : 06.12.2019
Checked on : 06.12.2019
Signed on : 07.12.2019
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NM 4347-19 in S.C. Suit no. 2106-19
4 Date : 05.12.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
09/12/2019 at 3.45 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
05/12/2019
JUDGMENT/ORDER signed by P.O.
on
07/12/2019
JUDGMENT/ORDER uploaded on 09/12/2019
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