Final Order 1

Order Details: Other
Pdf Text: 06.02.2018
SU 2991/13
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Sachin for plaintiff present.
Adv. Qureshi for D-1, 2 and 4 present and tendered original notice of
motion no. 455/2018 alongwith affidavit, taken on record
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 made absolute in terms of
prayer clause (a) subject to payment of cost of Rs. 2000/- to the
plaintiff within two weeks. If cost is paid, the written statement be
taken on record. If cost is not paid as directed, the notice of motion
no. 455/2018 shall stand dismissed.
Matter adj. for Compliance to 02.05.2018.
Judge
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