Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180059922025 Misc Cases/364/2025
DHONDIRAM MARUTI IMADE Vs.
DYNANESHVAR GORAKH SHINDE
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
This is an application filed by the applicant for condonation of
delay of 129 days caused due to fault of earlier advocate who failed to file
physical copy of the present complaint within statutory time limit.
2. The respondent duly served but failed to contest the application.
3. In fact the delay of 129 days is caused for filing complaint. The
delay seems to be on the part of negligence and latches on the part of earlier
advocate for complainant for which complainant should not be suffered.
However responsibility goes to both that is complainant as well as advocate.
Therefore in my view even, if there is delay of 129 days, it will not take away
the statutory right of complainant to put his case on merits. Hence, I pass
following order.
O R D E R
1) The delay stands condoned subject to costs of Rs.200/-to be
paid to Legal Aid Fund.
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 : 03.10.2025 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 : 03.10.2025.
Transcribed and Typed on : 03.10.2025.
Order printed and Signed on : 03.10.2025.
Order Uploaded on : 04.10.2025.
-- 2 of 2 --