Interim Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
43RD COURT, BORIVALI, MUMBAI
C.C.NO.595/M/2026
ORDER BELOW EXH.1
1. The present is an application filed by the applicant for
condonation of delay caused for filing the complaint.
2. It is contended in the application that, the complainant was
suffering from acute back pain during the relevant period and had
consulted medical practitioner. Upon examination, the doctor advised
him to take complete bed rest for a minimum period of three weeks
owing to which he was unable to attend his regular affairs. The delay
of 77 days occurred for filing the present complaint is unintentional and
occurred despite due care. So, it is prayed to condone the delay.
3. The notice was issued to the respondent. However, the
respondent failed to appear and file his say.
4. Having gone through the application, it notices that, the
applicant was suffering from back pain. Due to medical reason the
applicant was unable to file the complaint within the stipulated period.
The medical certificate is filed on record. Perusal of it makes it crystal
clear the complainant was suffering from acute back pain as mentioned
in the application. So, though there is delay of 77 days, the delay is not
deliberate. Most importantly, the delay is well explained. Thus, this
Court do find to condone the delay subject to commensurate costs. In
the facts and circumstances, this Court do quantify the costs amount as
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Rs.1000/-. Having regard to the facts, the following order is found just
in the facts and circumstances-
O R D E R
1. This Miscellaneous application is allowed.
2. Delay caused in filing the complaint is condoned subject to costs
of Rs.1,000/- to be paid to D.L.S.A.
3. The office is directed to register the complaint after removing
office objections if any by the complainant within a period of 30 days
from the date of this order.
4. The complainant to note and comply accordingly.
Mumbai, ( S. A. KHALANE )
Date: 10/06/2026. Judicial Magistrate First Class,
43rd Court, Borivali, Mumbai.
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