Date: 14-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Resumed.
The P.O. is busy in dictating judgment in suit no. 3856/2008 and hearing ad-interim arguments in other matters. For want of time the board is discharged.
Adjd for NM arguments to 25.04.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Resumed.
Adv. Khandori for plaintiff and Adv. Wasim Khan for defendant nos. 1 and 2 are present.
Heard, respective advocates on NM No. 173/2019.
The Ld. Advocate for defendant submits that due to some misunderstanding about the dates the defendants could not file the w.s. and therefore, in order to decide the matter on merits the NM will be allowed. On the other hand, the Ld. Advocatre for plaintiff strongly opposed to allow the NM on the ground that the defendants are under statutory obligation to file the w.s. within prescribed time.
Considering rival submissions and in view of the ratio laid down by Hon\''ble High Court Bombay in the case of Vimalkumar vs Vinodkumar reported in 1999 (1) Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives discretion to the Court and Court can permit to file w.s. at any stage prior to pronouncement of judgment. Therefore, the following order is passed.
The Notice of Motion No. 173/2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs Rs. 1500/- paid to plaintiff or to be deposited in the Court for that purpose within two weeks from today.
Adv. Khandori seeks time to take necessary steps/file affidavit of service in respect of def. no. 3.
Adjd for compliance to 22.07.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 25-04-2019
