Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … C.C.No.612/Misc./2022
MHMM180135032022
C.C.No.612/Misc./2022
TIRUMALLA TIRUPATI
MULTISTATE COOP
CREDIT SOCEITY LTD.
Vs. MR. NILESH
GHANSHYAM POLJI
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
1. This is an application for condonation of delay
occurred in filing complaint. It is contended that there is delay
of 4 days occurred due to medical emergency in the place of
advocate for the complainant.
2. Heard, Advocate Nagesh Awhad for the appellant.
The accused duly served with the notice of delay condonation
application but he failed to appear and contest the application.
3. The application is supported with the affidavit of
the complainant and medical reports. Perused original medical
certificate dated 11.11.2022 issued by Doctor Ravi Patel. The
delay occurred in filing complaint seems to be genuine and
clarified. The litigant has right to choose his own advocate. The
accused/respondent not contested application and lost an
opportunity. Hence, I pass following order.
ORDER
1. The application is allowed.
2. The delay stands condoned in the interest
of justice.
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3. The case be registered as per rule.
4. Order dictated and pronounced in open
court.
Mumbai, (M. P. Saraf)
Dated : 06.06.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code MH01362
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