Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.212 OF 2020
(CNR No.MHCC010005422020)
IN
REVIEW PETITION NO.08 OF 2020
IN
EXECUTION APPLICATION NO.82 OF 2019
IN
SHORT CAUSE SUIT NO.1540 OF 2015
Smt. Premlata Stanley Palanna …Petitioner/Org. Plaintiff.
V/s
Smt. Ranjana Ramchandra Mali ...Respondent/Org. Defendant.
CORAM : H. H. THE PRINCIPAL JUDGE,
SHRI M. W. CHANDWANI,
COURT ROOM NO.19
DATE : 18th January, 2020.
Appearance:
Adv. Dhiraj Chavan a/w Adv. Sanjay Rego I/b Deven Dwarkadas &
Partners for petitioner/applicant.
Adv. Viraj Kandpile for respondent/defendant.
ORAL ORDER
By present Notice of Motion, the petitioner is seeking to
condone the delay of 38 days in filing the Review Petition.
2. It is contended in the application that there is delay of 38 days
in filing this Review Petition. It is also contended that there was health
issue of the husband of the applicant as he was suffering from ear infection
and was undergoing treatment in Mangalore, Karnataka. Therefore, due to
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2 NM 212/2020
personal problem, could not attend the proceeding. Hence, the
petitioner seeks to condone the delay of 38 days in filing the Review
Petition.
3. The application is opposed on the ground that the
application has been taken out for delaying the Execution Proceeding.
The Review Petition is not maintainable, hence, the condonation of
delay is also not maintainable. Hence, learned advocate for the
respondent/defendant sought rejection of the application.
4. Heard learned advocate for the petitioner as well as learned
advocate for the respondent.
5. It appears that there is order in question is passed on
10.10.2019. The Review Application is to be filed within the period of
30 days from the date of order. The Review Petition that has been
lodged on 18.12.2019. It is contended that there is delay of 38 days in
filing the Review Petition. The applicant, on the affidavit, has
mentioned the above said fact with regard to ill health of her husband
and undergoing treatment in Mangalore, Karnataka. There is no counter
affidavit filed on this behalf. Be that as it may, but fact remains that it is
desirable that matter should be heard on merit and substantial justice
cannot be denied for technical reason. Taking into consideration of the
reasons mentioned in the affidavit and period of delay i.e. only 38 days,
I think delay can be condoned so far as inconvenience caused to the
respondent. I think, cost would suffice the purpose. Hence, this order.
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3 NM 212/2020
ORDER
1. Notice of Motion No.212 of 2020 is allowed.
2. The delay of 38 days in filing the Review Petition is
hereby condoned on the payment of cost of Rs.1,000/
to be paid by the petitioner to the respondent.
3. Since, the Review Petition is already registered by the
department, hence, no separate order of registration
the Review Petition is required.
(M. W. CHANDWANI)
Principal Judge,
City Civil & Sessions Court,
Date : 18.01.2020 Gr. Bombay.
Dictated on : 18.01.2020.
Transcribed on : 18.01.2020.
Signed by HHJ on : 20.01.2020.
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4 NM 212/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 21/01/2020 at 2.45 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 21.01.2020
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