Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. D\''souza For plaintiff present.
Adv. Bhojraj for defendant no. 2 present.
Defendant no. 2 tendered registered NM 442/19. TOR.
Plaintiff tendered original writ of summons. The concerned clerk of the office of defendant no. 1 refused to accept the service. Thus it is deem service to defendant no. 1. Hence suit to proceed exparte against defendant no. 1.
Heard Ld. Advocate for the defendant no. 2 and plaintiff on Notice of Motion No. 442/19.
Order on Notice of Motion No. 442/2019.
Heard. The ld counsel for the defendant no. 2 submitted that the defendant no.2 has to frequently travel abroad for his business commitment therefore he could not file written statement within the time and there is a delay of 32 days which is inadvertent and prayed for condoning the same.
The Ld. counsel for the plaintiff opposed the NM on the count that the defendant no. 2 has not given substantial and cogent reason for delay.
On perusal of the affidavit in support of NM, it appears that the defendant no. 2 has not given justifiable reason for condoning the delay. Be that as it may, the matter is at initial stage and substantial rights of the parties are involved . Therefore, at this stage it would not be proper to adopt hyper technical an pedantic approach. In the interest of justice Notice of Motion needs consideration. Hence it is expedient to pass following order.
ORDER
1. Notice of Motion No. 442/2019 is made absolute in terms of prayer clause (a) subject to cost of Rs. 2,000/- to be paid to the plaintiff within a period of four weeks from today.
2. The payment of costs is subject precedent.
3. On compliance of the order, written statement be taken on record.
4. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2019
