Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Altaf Khan for plaintiff present. Adv. Pathak h/f Adv. Kandekar for
MHADA/Deft present. Adv. Mansi Shah for Defendant no. 4 present. Adv.
Chandramore for defendant no.5 and 6/BMC present. KB for order on NM No.
296/19. Order The Defendant No.4 filed this Notice of Motion No. 296/19 for
condonation of delay for filing of written statement. Defendant No.4 submitted that
the writ of summons have not been served till date. Therefore, the question of
condonation of delay does not arise. If Court come to conclusion that there is delay
for filing written statement, then delay may be condoned. The defendant further
submitted that the matter was pending for decision of preliminary issue raised in
this matter and that issue was decided on April 2018. But the defendant not filed his
written statement due to the statement received from several occasion on account of
input given by various persons of organization and on 03.10.2018 no written
statement order passed against defendant that, delay is not intentional and for the
interest of justice delay may be condoned. No prejudice will be caused to the
plaintiff if the Notice of Motion is allowed. Considering, the nature of the suit and
the arguments of Ld. advocate of the plaintiff, it will better to condoned the delay
and liberty be given to defendant to file his written statement. It will help to the
Court to decide the matter on merit. Hence, I proceed to pass the following order.
The Notice of Motion No. 296/19 is hereby allowed, subject to cost of Rs. 1000/
pay to the plaintiff on the next date. After payment of costs the written statement
will be taken on record.
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