Final Order 1

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IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100667/2020
Mr. Nirav Ashwin Mange Vs Mr. Binaykumar B. Shrivastava
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&amp#039s 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
COURT 15 ADDL SESSIONS JUDGE
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