Final Order 1

Order Details: Copy of Order - 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
70TH COURT, MAZGAON, MUMBAI.
C C. No. 924/M/2020
Order below Exh. 1
The complainant has filed the present application for
condonation of delay. It is the contention of complainant that, there is
delay of 188 days in filing the present complaint due to medical
reasons, and thereafter, due to pandemic
2. Despite issuance of notice to the respondent, respondent
failed to appear before the Court and therefore exparte order is passed
against the respondent.
3. I heard Ld. Advocate for the applicant. None appeared on
behalf of respondent. Ld. Advocate for the applicant submitted that, the
last date of filing of complaint was 10/03/2020 and thereafter,
pandemic situation arose. She was suffering from back pain and
ligament strain. The copy of medical certificate and other relevant
documents are also attached here with. From 15.03.2020, the SOP was
in existence due to pandemic situation. Last date of filing the complaint
was just before SOP came into existence. Considering the submission of
applicant, in my opinion, cause given by the complainant is sufficient to
condone the delay of 188 days in lodging of complaint in the interest of
justice. Therefore, this application deserves to be allowed. Hence, I pass
the following order :
ORDER
1. The application for condonation of delay is hereby allowed.
2. Judicial Clerk is directed to register the present complaint as
summons case. Sd/
(M.V. Chavhan)
Dt. 11.04.2022 Metropolitan Magistrate,
shk* 70th Court, Mazgaon, Mumbai.
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