Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100032/2019
M/s. Bharati Enterprises Vs 1. The State of Maharastra 2. The
Superintending Engineer 3. The Executive Engineer 4. Dy. Engineer
Date : 29092021
Business : None for plaintiff. Adv. Sachin Kadam for
defts. present. Heard Adv. For defts. on
Ch/sum no.32/19. Plaintiff and his
advocate are absent. As per order dated
08.09.2021, Ch/sum proceeded without
plaintiff’s reply. It appears that plaintiff is
not interested in defending this Ch/sum.
Therefore, I shall proceed to decide it on
merit. ORDER BELOW CH/SUM NO.32/19
Perused the affidavit filed along with
Ch/sum. It is submitted on behalf of deft.
nos.1 to 4 that office of defendants received
the summons. Concerned clerk was not
aware that appearance has to be filed
within 10 days of the receipt of summons.
Delay was caused as the papers were not
received from the concerned department
within stipulated period. After receipt of
summons, defendants made payment of
Rs.3.3 Lakhs to plaintiff by cheque. Delay is
not deliberate or intentional. It is submitted
that deft. nos.1 to 4 want to contest the suit
on merits. Considering the reasons
mentioned in the affidavit filed along with
Ch/sum, it would be expedient to allow
deft. nos.1 to 4 to appear before the Court
in accordance with Order 37 Rule 3 of
C.P.C. Hence, the following order. ORDER
1. Ch/sum no.32/19 is allowed in terms of
prayer clause (a). 2. No order as to costs. 3.
Ch/sum no.32/19 is disposed of
accordingly.
Nature of
Disposal
: ALLOWED
Disposal Date : 29092021
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