Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100315/2020
Smt. Vandana Nitin Gaikwad and Anr. Vs Shri Shivaji Gangadhar Patil
Date : 12-03-2020
Business : Advocate Uday Rane for Plaintiffs present and filed affidavit
in reply of Plaintiff no.2 to Notice of Motion no.315/20, t.o.r.
Advocate for Defendant no.1 present Advocate Mr. Tripathi
for Defendant no.2 present and filed registered Notice of
Motion no.315/2020 with affidavit in support, t.o.r. ORDER
ON NM NO.315/2020 This Notice of Motion is taken out by
Defendant no.2 Society for setting aside exparte order dated
25/04/2019 passed against Defendant no.2 and for accepting
Written Statement of Defendant no.2 by condoning the delay.
Mr. Prakash Dooa, the secretary of Defendant no.2 has filed
his affidavit in support of Notice of Motion contending that
writ of summons was served on Defendant no.2 on 30/01/2019
but said secretary forgot in exigency of heavy work that where
he had kept the copy of plaint, therefore the subject matter of
this suit was spiked from his mind. However, in the month of
September 2019 while searching society papers he traced out
plaint copy, thereafter inquired about suit and came to know
about exparte order dated 25/04/2019, hence he has filed this
Notice of Motion. It is pointed out that Plaintiff has not made
any allegations against Defendant no.2 nor any relief is
claimed against Defendant no.2, however Defendant no.2 is
intending that in future no complications should arise in the
matter and Defendant no.2 should not be required to suffer the
consequences. Plaintiff has resisted Notice of Motion by filing
affidavit of reply contending that Defendant no.2 has not
properly explained the reasons for condoning the delay caused
in filing Written Statement and much delay more than 120
days is caused in filing Written Statement. Hence, Notice of
Motion deserves to be dismissed. Heard. It is admitted fact that
Defendant no.2 is the society and office bearers of society are
looking after its affairs. The secretary of Defendant no.2 has
mentioned that the papers were not traceable and he forgot
about the matter. It seems that Defendant no.2 has come
forward even though no relief is claimed by Plaintiff against
Defendant no.2, mainly because Defendant no.2 society is
intending that in future no blame should be given to Defendant
no.2 that it has not taken care of the matter. Considering the
fact that Defendant no.2 society is a legal entity and not the
person, I find that the exparte order passed against Defendant
no.2 can be set aside for protecting interests of members of
said society. However, Defendant no.2 should pay formal cost
of Rs.500/- to Plaintiff. Hence, I proceed to pass following
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order- ORDER 1. Notice of Motion no.315/2020 is made
absolute in terms of prayer clause (a) and (b), subject to cost of
Rs.500/- to be paid by Defendant no.2 to Plaintiff. 2. It is made
clear that Written Statement of Defendant no.2 will be
accepted and exhibited after compliance of
today&amp#039s order. Advocate for Defendant no.2
paid cost of Rs.500/- to Plaintiff, hence Written Statement of
Defendant no.2 which is already affidavit by secretary of
Defendant no.2 on 23/09/2019 is accepted and marked as
Exh.5. Parties are directed to file draft issues on next date.
Advocates for Plaintiff and Defendant no.1 filed draft issues,
t.o.r. Advocate for Defendant no.2 submitted that draft issues
are not necessary to be filed on behalf of Defendant no.2
Society as it is formal party to the suit. Considering draft
issues filed by parties and pleadings issues are framed and
marked as Exh.6. Case is adjourned to 25/06/2020 for
Evidence.
Nature of Disposal : ALLOWED
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