Date: 14-02-2020
Business: Plaintiff present. Adv. Dubey for plaintiff.
Adv. Wasim khan for defendant filed register NM 667/20 @ affidavit. Copy is served to the plaintiff.
Adv. for plaintiff filed
Exh.6- Evidence affidavit of plaintiff
Exh.7- List of documents.
Adjd for NM reply to 11-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Dubey for plaintiff
Adv. Wasim khan for defendant
Adv for plaintiff filed reply to NM 667/20. Copy is served to other side.
Adjd for NM hearing to 18-06-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv Anil Dubey present for the plaintiff.
Adv R.M. Kumawat present for the defendant.
KB
ORDER
The motion is taken out for condonation of 8 days delay caused in appearing in response to the writ of summons. However, after the defendant tendered his VN on record, the plaintiff took out SJ which was also served upon defendant. Thereafter, it was revealed that VN of defendant was not tendered before the Court within 10 days from the date of service of summons. Hence, the defendant was required to take out this NM for condonation of delay.
The defendant has objected the condonation of delay on various grounds.
I have heard both Ld advocates at length.
The order against defendant was passed on 16.12.2019 and the NM was taken out on 17.12.2019 i.e. immediately after passing exparte order. This shows the deligance of defendant. Ld advocate for defendant submits that the defendant is residing at Amravati and that caused delay in tendering appearance. However, when the email and other modes of speedy communication are available, this reason is not sufficient to get the delay condoned. At the same time, it is to be considered that the deligent defendant must get an opportunity to apply for leave to defend which can be decided on it\''s own merits.
In view of all above discussion, I am inclined the set aside the exparte order passed against defendant subject to payment of cost Rs.5000/- to be paid to plaintiff within 30 days. On payment of the cost amount the VN of defendant which is already placed on record will be accepted. The SJ is already served upon the defendant. Defendant may file reply to the same if any so that the SJ can heard on merits. Matter be listed on 29.11.2021 for filing reply to SJ.
NM No.667/2020 is disposed of accordingly.
The ld advocate for defendant request for permission to pay cost to the Ld advocate for the plaintiff. Ld advocate for the plaintiff has no objection. Hence, by consent request is granted.
Nature Of Disposal: ALLOWED
Disposal Date: 30-10-2021
