1 Nm1814-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1814 OF 2010 IN SUMMARY SUIT NO. 755 OF 2010 Nitin Sitaram Mane ... Plaintiff. V/s. Sangita Laxman Gaurat. ... Defendant. None for Plaintiff. Mr. Arjun Kode for Defendant. CORAM : A.A.SAYED, J. DATE : 11th FEBRUARY, 2011 P.C. This notice of motion is taken out for condonation of delay of 49 days in filing affidavit in reply / leave to defend in Summary Suit No. 755 of 2010. The reason for delay is stated in paragraph 2 of the affidavit in support of the notice of motion wherein it is averred that the defendant was suffering from illness and was required to take bed rest at least for a month. However, neither a medical certificate has been annexed nor the particulars of the illness have been mentioned in the affidavit. It is further stated that after recoverying from the illness, her advocate was not available as at the relevant time there was Court Vacation. 2 Nm1814-10 2. I have heard the learned counsel for the Defendant. Though the reasons for the delay are not convincing, I am inclined to allow the motion and condone the delay subject however, to payment of costs of Rs. 1,000/- to be paid by the defendant to the Plaintiff within a period of two weeks from today. 2. The Motion is accordingly allowed in terms of prayer clause (a). (A.A.SAYED, J.)