Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180070872022
Misc Cases/5800288/2022
MR. MANPRIT RAJENDRA SAHANI Vs. MRS.
HEMLATA JAYESH BHAVSAR
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 9 days filed by
the applicant. He submitted that he was advised to complete bed rest till
16.07.2022 as he was suffering from dislocation of disk and thereafter due to
demise of his brother on 16.07.2022, to perform his last rites and rituals he
has gone to Hyderabad and returned on 18.07.2022. Due to this reason delay
is caused.
2. The opponent duly served with the notice but failed to file her say.
3. In fact the delay of 9 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 9 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.500/-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 : 17.12.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : 17.12.2024.
Transcribed and Typed on : 17.12.2024.
Order printed and Signed on : 17.12.2024.
Order Uploaded on : 17.12.2024.
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