Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100068/2019
M/s. Kakad Engineers and Contractors Vs 1 The State of Maharashtra 2
The Superintending Engineer 3The Executive Engineer 4Dy Engineer South
Date : 09092021
Business : Adv. Kudalkar for deft. nos.1 to 4 present.
Heard Adv. For deft. nos.1 to 4 on Ch/sum
no.68/19. Plaintiff and his advocate are
absent since long. As per order dated
20.12.2019, Ch/sum proceeded without
plaintiff&amp#039s reply. It appears
that plaintiff is not interested in defending
this Ch/sum. Therefore, I shall proceed to
decide it on merit. ORDER ON CH/SUM
NO.68/19 Perused the affidavit filed along
with Ch/sum. It is submitted on behalf of
deft. nos.1 to 4 that Registration Branch of
the Office of deft. no.2 received the
summons on 29.08.2018. Summons were
forwarded to the concerned department.
Officials of concerned department
approached Government Pleader for
marking their appearance before the Court.
Delay was caused as the papers were
received from the concerned department in
the normal course of business. It is
submitted that deft. nos.1 to 4 want to
contest the suit on merits. Delay is not
deliberate. 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.68/19 is allowed in terms of
prayer clause (a) and (b). 2. No order as to
costs. 3. Ch/sum no.68/19 is disposed of
accordingly.
Nature of
Disposal
: ALLOWED
Disposal Date : 09092021
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