Date: 12-01-2018
Business: Adv. Ms. Bharati Mishra for plaintiff present.
Adv. Mr. Anil Mishra for defendant present.
He tendered registered N/M no. 157/18.
Advocate of defendant sought time to file reply to Ch/sum no. 1431/17.
Adjd to 12.2.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2018
Date: 12-02-2018
Business: PO is on training.
Adjd to 5.4.2018
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: As court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv.Mr.S.G.Mahamuni for Plff.present.
Adv.Mr.U.V.Singh for Deft.present.
It is submitted by Ld.advocates of both the sides that settlement talks are going on between the parties. Considering this matter is referred to National Lokadalat scheduled to be held on 14.07.2018. Parties are directed to attend National Lokadalat on 14.07.2018 at 10.00 am.
Issue notices to both the sides through Bailiff.
Next Purpose: C/S REPLY
Next Hearing Date: 14-07-2018
Date: 14-07-2018
Business: National Lok Adalat Dated 14.07.2018 Panel No.1
Panel Head HHJ Shri. G.R. Agarwal
Panel Members Adv. Premchand R. Pal
Adv. Pushpa Thapa
Both parties and their advocate absent.
Adjd to 15.10.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Adv.Mr.Andrews for Plff.present.
He tendered original registered Ch/s No.1891/18 t.o.r.
Adv.Mr.U.V.Singh for Defendant present.
He filed reply the Ch/s.
Applicant Sushil Bhoir present.
Adjd.for Ch/s hrg.on 22.10.2018.
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv.Mr.Andrews for Plff. present.
Adv.Mr.U.V.Singh for deft. Present.
On oral request of adv.for Defendant adjd.for Ch/s hearing on 22.01.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Andrews for Plaintiff present.
Adv. Singh for Defendant present.
Heard both sides on Ch/s 1891/18 and Ch/s 1431/17.
K.B. for order.
L.O.
Order below Chamber Summons No.1891 of 2018
Perused chamber summons, affidavit in support of it and reply of defendant. Heard respective counsel for parties.
2. Chamber summons is taken out seeking amendment to plaint as per annexure A attached to it.
3. Plaintiffs want to incorporate averments relating to attachment of suit flat which has happened during the pendency of suit. Defendant opposed chamber summons on the count that no reason is assigned for proposed amendment and it cannot be permitted. In my view, proposed amendment does not change nature of pleadings and same is just and necessary for decision of controversy in the matter and no prejudice will be caused to the defendant if proposed amendment is allowed. Hence, pass following order.
ORDER
1. Chamber Summons No.1891 of 2018 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Plaintiffs to carry out amendment within the period of 14 days from the date of order and copy of amended plaint be supplied to defendant.
Accordingly, Chamber Summons No.1891 of 2018 stands disposed off.
Order below Chamber Summons No.1431 of 2017
Perused chamber summons, affidavit in support of it and reply of defendant. Heard respective counsel for parties.
2. Chamber summons is taken out seeking amendment to plaint as per annexure A attached to it.
3. Plaintiffs want to incorporate averments relating to correspondence made with defendant for NOC for the purposes of advancing loan by the Bank. Copy of letters shows that aforesaid letters were issued after filing of the present suit. Defendant objected to said amendment on the count that there is no whisper in affidavit about those correspondences. No doubt, plaintiffs have not specifically mentioned about those letters in affidavit filed in support of chamber summons but it is stated that events which had taken place after filing of present suit necessitate filing of chamber summons. In support of this contention plaintiffs have filed copy of letters at Exh.F collectively so mere non mention of those letters specifically in affidavit filed in support of chamber summons is not of much significance. It seems that plaintiffs want to bring subsequent events on record and also want to make prayers in consequence of aforesaid contention. In my view, proposed amendment is necessary keeping in view provisions of MOFA. Therefore, proposed amendment needs to be allowed. Hence, pass following order-
ORDER
1. Chamber Summons No.1431 of 2017 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Plaintiffs to carry out amendment within the period of 14 days from the date of order and copy of amended plaint be supplied to defendant.
Accordingly, chamber summons No.1431 of 2017 stands disposed off.
Adj for NM hearing and compliance to 21.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Plff and Adv absent.
Adv. Singh for Defendant present.
Heard Adv for Defendant on NM No.157/18.
Adj for arguments of Plaintiff on NM 157/18 to 19.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. Andrews for Plaintiff present.
Adv. Rajesh Patel for Defendant present.
K.B.
L.O.
Ex.3 Appln. filed by Adv for Defendant for permission to sign notice of motion t.o.r.
Considering that non signing of notice of motion no.157/18 by counsel for Defendant is only an irregularity, permission is granted to him to put his signature on notice of motion no. 157/18 by putting the date of today.
Accordingly, application,Ex.3 is disposed off.
Order below Notice of Motion No.157/18.
Read Notice of motion, affidavit in support of it, reply of Plaintiff to the notice of motion and also perused R and P of present matter.
Heard respective counsel for parties. It is pertinent to note that suit proceeded without WS vide order dtd.14.07.2017 and present notice of motion has been filed on 24.07.2017 and on that day, leave was granted to register it and it seems to have been registered in 2018. The defendants have assigned the reason that Plaintiffs were proposing to settle the matter and on their request defendants have agreed to accept their proposal provided they pay all dues with interest and for that purposes, Plaintiffs were taking steps which resulted in believing that they will pay all dues with interest. However, now it seems that they were only buying time. It is further contended that written statement was ready and same was to be affirmed by authorised signatory for filing the same on 19.07.2017. However, he has left the services of defendant without affirming written statement which resulted in passing the order of no written statement against the defendants.
It seems that delay caused is not deliberate and intentional. Defendants have also shown bonafide by placing WS which they have sought to be taken on record.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099). Keeping in view facts of matter and legal position, I am inclined to allow notice of motion. However, considering the period of delay, it is necessary to impose certain costs upon the defendants. Hence, I pass following order.
ORDER
1. Notice of Motion No.157 of 2018 is allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of costs of Rs.3,000/- to the Plaintiffs within period of one week. The defendants are at liberty to deposit costs payable to the Plaintiffs in Court within the above period.
2. On payment of costs by the defendants, WS filed by them be marked exhibit.
Accordingly, NM No.157/18 is disposed off.
Adj for compliance to 26.03.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 19-03-2019