Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180010982020
Misc Cases/5800010/2020
Zainali I Nathani Vs. M/s One Capital Ltd
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
1. This is an application for condonation of delay of 15 days
caused as complainant was engaged in business tour between the period
from 15.12.2019 to 25.12.2019.
2. One of the director of respondent No.1 has appeared and
contested the application. Rest of the respondents are deemed to be served
considering the Registered post envelopes. A safe inference can be drawn that
other directors of respondent No.1 avoiding their presence despite
knowledge of service of summon on respondent No.3.
3. In fact the delay of 15 days is caused for filing complaint. The
reason mentioned for causing delay though does not appear appropriate.
What is important to look into is whether complainant should be allowed or
disallowed to exercise his statutory rights on merits. Therefore, in my view
even, if there is delay of 15 days, it will not take away the statutory right of
complainant to put his case on merits. So far as causing delay is concerned,
it has not caused any prejudice to the opponent who is prospective accused.
Hence, I pass following order.
O R D E R
1) The delay stands condoned subject to costs of Rs.1,000/-to be
paid to Legal Aid Fund within 8 (eight) days.
2) Costs are condition precedent for registration of the complaint.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, (First Class),
Date : 22.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 1 of 2 --
2
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 22.11.2024.
Transcribed and Typed on : 22.11.2024.
Order printed and Signed on : 22.11.2024.
Order Uploaded on : 22.11.2024.
-- 2 of 2 --