Mr. Chimanlal Kaluchand BokadiaVsM/s. Sharda Steel Equipments

Business: Adv. S.R. Maurya for plaintiff present.
Adv. For plaintiff given reply overleaf N/M.
Heard Adv. For plaintiff on N/M no.135/22.
K.B.
L.O. at 12.30 pm.
Adv. Kavita Mendes for defts. present.
Heard Adv. For defts. on N/M no.135/22.
ORDER BELOW N/M NO.135/22
     This N/M is taken out by defts. praying to set aside no written statement order dated 20.09.2021.  It is submitted on behalf of defendants that they received the copy of the plaint on 12.02.2021 and thereafter in March 2021, lockdown was declared due to second wave of Covid-19.  It is further submitted that defts. could not file written statement within stipulated period due to lock-down declared by the Maharashtra Government.  By making these submissions, defendants prayed to set aside no written statement order dated 20.09.2021.
        Plaintiff, by filing reply, strongly objected the N/M.
     Considered the submissions advanced on behalf of both sides.  As per order-sheet dated 26.09.2019, copies of the plaint and documents were not served to the defendants and matter was adjourned to 27.03.2020. Order-sheet further shows that thereafter, lock-down was declared.  On 12.02.2021, copy of the plaint was served to advocate for defendants and thereafter, matter was posted for filing written statement.  Order-sheet further shows that again lock-down was declared.  Defendants have given sufficient cause which prevented them from filing written statement within stipulated period.  Suit is transferred to Commercial Court as per section 15 of the Commercial Courts Act.  Therefore, proviso to sub-rule (1) of rule 1 of Order V of C.P.C. would not be applicable to this suit.  Considering all these aspects, N/M taken out by defendants deserves to be allowed.  In the result, following order.
ORDER
1.  N/M No.135/2022 is made absolute in terms of prayer clauses (a) and (b).
2.  No order as to costs.
3.  N/M No.135/2022 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 24-01-2022

Business: Adv. SR Mourya for plaintiff present.
Adv. Kavita Mendis for deft. present
Adv. For defendant tendered registered NM No.135/22.   Adjd for hearing NM to 24/01/2022.
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