Mr. Rahul KauraVsMr. Naveed (Navid) Abdul Rahman Antulay

Date: 12-03-2020
Business: Adv. Anirudha Lad for plaintiff present.
Adv. Hussain for deft. present.
Adv. for plaintiff tendered registered N/M No.697/20.  T.O.R.
Adv. for deft. filed reply to N/M no.697/20.  T.O.R.
ORDER BELOW N/M NO.697/20
Heard.  The N/M is tendered by plaintiff to set aside no reply order dated 20.01.2020.
Ld. Counsel for the plaintiff submitted that the deft. has tendered N/M no.1558/19 for rejection of the plaint.  The plaintiff was out of town for his business purposes and could not provide necessary information to his advocate. The delay is not deliberate and intentional. The plaintiff prayed for allowing the present N/M.
Ld. counsel for deft. submitted that plaintiff is deliberately delaying the prosecution of N/M.  The plaintiff has not given any cogent reason for not filing the reply to N/M. Since, more than one year, the plaintiff has not filed the reply.
On perusal of the record, it appears that the deft. has taken out motion on 22.03.2019 and thereafter, on several dates, plaintiff has sought time to file reply.  Last chance was granted to plaintiff on 16.09.2019 and the matter was placed for reply to 21.10.2019. But on 21.10.2019, holiday was declared on account of Maharashtra Legislative Assembly Election.  On 20.01.2020, the N/M no.1558/2019 was proceeded without reply of the plaintiff.
The plaintiff was granted sufficient time to file reply.  The reason assigned by the plaintiff does not appear to be justifiable.  The N/M is for rejection of plaint.  The basis of the N/M is the avernments in the plaint.  In that scenario, substantial rights of the plaintiff are involved and therefore, an opportunity is required to be given to the plaintiff to tender his response to it.  Technicalities should not come in the way of substantial rights.  There should not be hyper-technical and pedantic approach in dealing with such type of N/M.  In the interest of justice, the N/M needs consideration but subject to cost.  Hence, it is expedient to pass the following order.
ORDER
1.    N/M No.697/2020 is made absolute in terms of prayer clause (a) subject to cost of Rs.3,000/- to be paid by plaintiff to defendant within a period of two weeks from today.
2.      Payment of cost is subject precedent.
3.     On payment of cost, reply to N/M No.1558/2019 be taken on record.
4.    After compliance of the order, plaintiff to supply copy of reply to the defendant.
5.     N/M No.697/2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 12-03-2020

Main Case No: SUIT/0100882/2017
Main Cnr: MHCC010115862016
Main Filing No: 111447

Filing Number: 101906/2020
Filing Date: 12-02-2020
First Hearing Date: 12th March 2020
Decision Date: 12th March 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE