Date: 17-02-2020
Business: Advocate Rahul Raut for Plaintiff present
Advocate Juilee Ghadge for Defendant no.1 present and filed registered Notice of Motion no.450/2020 with affidavit in support, t.o.r.
Advocate Ms. Bhagyashree Dhamapurkar for Defendant nos.3a to 3f, 4a 4b 4e, 5a, 6a, 6b and 7 present
Heard.
ORDER ON NM NO.450 OF 2020
This Notice of Motion is taken out by Defendant no.1 for condoning 59 days delay caused in filing Written Statement. Defendant no.1 has filed his affidavit in support of Notice of Motion contending that Defendant no.1 was unable to file its Written Statement due to medical condition of mother of Mr.Rajesh Hirlekar, the director of Defendant no.1, however no documentary evidence is filed on record to show illness of mother of Mr. Rajesh Hirlekar. However, Plaintiff\''s advocate fairly submitted that Plaintiff is formally objecting the Notice of Motion and court may pass necessary orders. Considering the submissions made on behalf of parties I find that for giving fair opportunity to Defendant no.1 to contest the suit Notice of Motion can be made absolute, subject to cost of Rs.1000/- to be paid by Defendant no.1 to Plaintiff. Hence, I proceed to pass following order-
ORDER
Notice of Motion no.450 of 2020 is made absolute in terms of prayer clause (a), subject to cost of Rs.1000/- to be paid by Defendant no.1 to Plaintiff.
Advocate for Plaintiff and Defendant no.1 submitted that there is possibility of settlement between the parties hence parties are directed to sign referral letter on next date for referring the matter for mediation.
Case is adjourned to 21/02/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 17-02-2020