Final Order 1

Order Details: Notice of Motion
Pdf Text: Order 1 N/m No. 4819 of 2019
in Summ. Suit No. 1078 of 2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No.4819 OF 2019
IN
SUMMARY SUIT NO.1078 OF 2017.
Nagurao Malku Gaikwad ... Plaintiff
V/s.
Dharmnath Vinayak Jadhav ... Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20.02.2020
Advocate, Mr. Balbheem Patil for plaintiff.
Advocate, Prerna Pagaria for Defendant.
ORDER
This is a notice of motion taken out by the defendant for
condonation of delay for reply to Summons for Judgment. The plaintiff
has filed reply to the same.
2. Perused the notice of motion and reply of the plaintiff. Heard
both the advocates for the parties at the length.
3. It is contended by the defendant that his advocate was on diwali
vacation at his native place and defendant him self was suffering from
viral fever during the relevant period. Therefore, 61 days delay is
caused for filing reply to the Summons for Judgment within stipulated
period.
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2 N/M No. 4819 of 2019
in Suit No. 706 of 2019
4. Considering the submissions made by the advocates of the
plaintiff and the defendant, this court holds that advocate of the
defendant was on Diwali vacation at his native place and defendant him
self was suffering from viral fever during the relevant period and
therefore he was unable to file his reply to the Summons for Judgment
with in stipulated period. The reason given by the defendant for delay is
satisfactory. The delay caused for filing reply to Summons for Judgment
this Suit is explained properly.
5. In these backgrounds, the Notice of Motion deserves to be
allowed in the interest of justice and in consequence allowing the
defendant to file his reply to Summons for Judgment to the Summons
for Judgment. Hence, the order. :
ORDER
1. The Notice of Motion no.4819 of 2019 is allowed subject
to cost of Rs.1,000/-. The cost shall be payable by the
defendant to the plaintiff on or before next date.
2. The defendant is granted permission to file reply to
Summons for Judgment in the interest of justice. On
payment of cost to the plaintiff
3. The Notice of Motion No. 4819 of 2019 is disposed off.
(S.G.Shaikh)
Judge,
Date : 20.02.2020 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Typed on : 20.02.2020.
Signed on : 20.02.2020.
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3 N/M No. 4819 of 2019
in Suit No. 706 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.02.2020 05.00 p.m.
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
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