Date: 06-02-2018
Business: Heard both sides in NM No.455/2018.
By this notice of motion, the D-4 is seeking condonation of delay of 60 days in filing written statement.
Ld. Counsel for defendant no.4 has pointed out that the reasons for delay are explained in paragraphs no.2 to 7 of the affidavit filed in support of the notice of motion.
The Ld. Counsel for plaintiff has submitted that the cause for delay stated in the affidavit does not make out a sufficient cause for condoning the inordinate delay.
On perusal of the affidavit filed by D-4 in support of the notice of motion, I find that he has explained the reasons for the delay. It appears that D-4 society could not hold meeting of its managing committee due to the month of Ramzan as most of the members were fasting.
The reasons given by the D-4 in the affidavit make out sufficient cause for the delay. Hence the delay is liable to be condoned. However, the D-4 is liable to compensate the plaintiff by paying cost. Hence notice of motion no.455/2018 is
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2018
