Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180117482024
Misc Cases/5801901/2024
SURAJ KUNAL SINHA Vs. SABIR PAILAN PROP OF
MS S P DEVELOPERS
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 filed by the
applicant. The delay is caused as the applicant suffering from Ischaemic
Heart Disease with Accelerated Hypertension With Epistaxis.
2. Opponents duly served by registered post notice but the opponent
failed to contest the application.
3. In fact the delay of 135 days is caused due to applicant was
suffering from Ischaemic Heart Disease with Accelerated Hypertension With
Epistaxis. 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 135 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 in the interest of justice.
2) Complaint be registered as per Rule.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, (First Class),
Date : 13.06.2025 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 : 13.06.2025.
Transcribed and Typed on : 13.06.2025.
Order printed and Signed on : 13.06.2025.
Order Uploaded on : 13.06.2025.
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