Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180117632024
Misc Cases/5801902/2024
Brownie Point Represented by Umesh Mehra Vs.
Lata Rajesh Shetty Proprietor of Mahakali Enterprise
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 35 days caused due to health reasons of authorised representative of
the complainant.
2. Opponents duly served by registered post notice but the opponent
failed to contest the application.
3. In fact the delay of 35 days is caused for filing complaint. The
reason mentioned for causing delay though does not appear appropriate,
what is important to be looked into is whether complainant should be
allowed or disallowed to exercise their statutory rights on merits. Therefore
in my view even, if there is delay of 35 days and there are two partners one
of them could have filed the complaint etc., it will not take away the
statutory right of complainant to put their case on merits. So far as causing
delay is concerned, it will not cause 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.2,000/-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 : 11.06.2025 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 : 11.06.2025.
Transcribed and Typed on : 11.06.2025.
Order printed and Signed on : 11.06.2025.
Order Uploaded on : 11.06.2025.
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