Date: 02-03-2019
Business: Adv. Upadhyay for Plaintiff present.
Adv. Rajnish Upadhyay for Resp. present.
Adv. Sonali for Defendant no.1 present.
Adv. Bansode for Defendant no.2 present.
Original Ch/s no.376/19 filed by Plaintiff t.o.r.
Reply filed by Resp.
Copy given to other side.
Draft NM tendered by Defendant no.2 t.o.r.
Leave granted to register it.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Draft NM is taken out by Defendant no.2 for condoning delay of 160 days caused in filing of written statement.
Mainly on the count that on appearance these defendants matter was referred for mediation and it was for mediation report till 19.11.2018. It is further contended that on 19.11.18 Court was not sitting, so written statement could not be filed and matter was adjourned to 25.01.2019. It is contended that defendant no.2 has affirmed the written statement on 19.11.2018. In above background defendant no.2 prayed for taking his written statement on record.
Plaintiffs have opposed notice of motion on the count that there is delay of 160 days and defendant no.1 was well aware about the proceedings.
Heard counsel for respective parties. Perused Roznamas of the suit. It is clear that on the date of appearance of defendant no.2 i.e. 13.08.2018 suit was referred for mediation and it was adjourned for mediation report from time to time till 19.11.2018. On 19.11.2018 mediation report has been received and it is informed that mediation has failed. Contention of defendant no.2 that Court was not sitting on 19.11.2018 does not appear correct. May it be so, it appears from written statement annexed with notice of motion that defendant no.2 has affirmed it on 19.11.2018 which shows his bonafide. It can be said that he negligently did not file it on record on the same date. The facts of matter in the interest of justice and fair trial, I am of the view to condone delay caused in filing written statement by defendant no.2 by imposing certain cost. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to payment of cost of Rs.3,000/- to the plaintiffs.
2. On payment of cost to the plaintiffs, written statement annexed to notice of motion be marked exhibit.
3. This notice of motion be registered for statistical purpose.
Adj for reply to NM 3100/18 and Ch/s 376/19 and compliance to 20.04.2019.
Next Purpose: REPLY
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Advocate Mr. A. K. Upadhyay for Plaintiff present and submitted that cost amount is sent by Defendant no.2 by cheque and said cheque is accepted by advocate for Plaintiff, hence Written Statement of Defendant no.2 can be taken on record. Considering submissions Written Statement of Defendant no.2 is t.o.r. and marked as Exh.6. Defendant no.2 is directed to serve copy of his Written Statement upon Plaintiff.
None present for Defendants.
Advocate Mr. M. R. Yadav for respondents of Chamber Summons no.376/19 present and submitted that reply to Chamber Summons is already filed by respondents.
Reply of said Chamber Summons by Defendant no.1 to 3 is awaited, hence case is adjourned to 07/06/2019 for Chamber Summons reply by Defendant nos.1 to 3.
Next Purpose: C/S REPLY
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Court is busy in dictating orders on NM in suit no.90/18, further court is busy in hearing and dictating order in respect of preliminary issue in suit no.7002/1947 as well as court has to hear urgent applications, hence case is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Court is busy in hearing NM in suit no.7463/04, suit stamp no.7788/19 as well as court has to dictate order on NM in suit no.1545/12, hence case is adjourned to 23/10/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Advocate for Plaintiff present
Advocate for Defendant no.2 present
Advocate for respondent in Chamber Summons present
Case is adjourned to 17/01/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: PO IS ON LEAVE.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 12-08-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 20/01/2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2021
Date: 19-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 20/01/2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2021
Date: 19-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 20/01/2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody is present for both the parties, considering the pandemic condition matter is adjd. for CS reply to 21.04.2021.
Judge
L.O.
Adv Mr. Laxman Kotle for plffs present.
Already adjd. to 21.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Mr. A.K. Upadhyay for plff present.
None present for deft No.1.
Adv Ms. Jyoti Jadhav for deft No.2 present.
None present for the respondent in Ch/s No.376/2019.
Record shows that defts and respondent in Ch/s have already filed their reply in Ch/s No.376/2019.
Adv.for deft No.2 seeks time to argue Ch/s.
By consent, matter is adjd. for Ch/s and NM hearing to 02.09.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv Mr. A.K. Upadhyay for plff present and seeks time by submitting that parties are trying for settlement.
Adv Ms. Jyoti Jadhav for deft No.2 present.
By consent, matter is adjd. for Ch/s hearing, NM hearing/ settlement to 10.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 06-01-2022
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plff.
Adv Ms. Jyoti Jadhav present for deft.No.2.
Matter is adjd. for hearing on Ch/s to 01.04.2022.
Judge
L.O.
Adv Mr. Priyank Shukla for plff present.
Adv Mr. Yadav for respondent present.
Already adjd. to 01.04.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv Mr. Priyank Shukla present for plff. and seeks adjournment.
Adv Smt. Sonali h/f Adv Revankar present for deft.No.2.
By consent, matter is adjd. for Ch/s and NM hearing to 23.06.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2022
Date: 23-06-2022
Business: court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2022
Date: 23-06-2022
Business: court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv.Upadhyay for plaintiff present.
Adv.M.R.Yadav for respondent in Ch/s.376/19 present.
None present for defts.
Heard the plaintiff and respondent in Ch/s.No.379/19. No argument of the defendant.
KB for order.
LO at 05.00 pm
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.376/2019 is allowed.
2. The plaintiffs are allowed to add respondent as defendant No.4 and to carry out the amendment as proposed in the scheduled attached with the Chamber Summons.
3. Plaintiffs are also allowed to carry out amendments in the notice of motion.
4. Plaintiffs to carry out amendment within stipulated time.
5. Chamber Summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 02-08-2022
