Date: 08-01-2020
Business: Adv for plaintiff Mr.Shah present.
Adv for deft Mr.Avinash present.
Adv for plaintiff filed reply to N/M filed by defendant no.2.
Adv for deft stated that he has received copy of reply.
Adv for deft tendered register N/M 108/2020.
Matter is Adjd for N/M Hearing and to 17.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv for plaintiff Ms.Ragini Jethani present.
Adv for deft no.2 Mr.Jitendra Chinchambekar present.
Adv for deft no.2 filed affidavit of rejoinder in N/M.
Adv for plff. stated that she has received copy of the same.
Matter is Adjd for N/M 108/20 Hearing to 15.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: dvocate Mr. Dipesh Siroya for the defendant present. Due to National Lockdown (Covid-19) matter adjd to 30.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Mohit Parekh for plaintiff is present.
None for defendant.
On oral request of Adv.for the plaintiff matter is adjourned for NM hearing.
Adjd for NM hearing on 04.02.2021.
LO at 12.40 p.m
Adv. Dipesh Siroya for defendant present.
On oral request of Adv. for defendant matter is kept on 04.02.2021 (Second Session)
Adjd for NM hearing on 04.02.2021.(Second Session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Sheelang Shaha for plaintiff is present.
Adv. Amar Gharte for the defendant no.2 is present.
Order below NM no. 108/2020
Perused the Notice of Motion which is supported by an affidavit being executed by defendant Sanjay Shaha. This Notice of Motion is taken out by defendant no. 2 for condoning the delay in filing written statement. The plaintiff by filing affidavit in reply is being executed by S.V. Deshpande has strongly opposed Notice of Motion. Heard Ld. Advocates of both the sides. This is the old suit initially registered as summary suit as in the year 2012 was transferred this Court from Honble High Court. The Para no. e and f of the affidavit in reply shows that the plaintiff has filed the Notice of Motion for condoning the delay in filing Summons for Judgment which was rejected and on 07.11.2017 the summary suit was converted into regular suit. My Ld. Predecessor as per the roznama dtd. 12.12.2017, granted liberty to the defendant to file the WS till that date. Regarding the delay it was submitted that Writ Petition No. 419/18 which was decided on 14.01.2019.
Considering the nature of the suit, in my opinion one opportunity needs to be granted to the defendant no. 2 to contest the suit. Considering the fact that the old summary suit later on being converted in the long cause suit, by putting certain conditions and imposing cost the defendant no. 2 can be permitted to file written statement on record. In the interest of Justice, I pass the following order-
ORDER
Notice of Motion No. 108/2020 is allowed and made absolute in terms of prayer clause (a) to (c) subject to the defendant no. 2 paying cost of Rs. 5000/- within two weeks from today and defendant no. 2 shall file on record written statement on next date and shall also serve upon the plaintiff failing which the suit will be proceeded without WS.
NM is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-02-2021