Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100108/2020
Hindustan Organic Chemicals Ltd. Vs Sanjay Chemicals and Ors.
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
COURT 14 ADDL SESSIONS JUDGE
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