Prakash Tukaram SatamVsMohan Narayan Kshirsagar and anr.

Date: 27-02-2020
Business: Adv. Kadam for plaintiff present.
Adv. Kirti Dabir for deft. no.1 present.
Adv. for deft. no.1 tendered registered N/M No.855/20. T.O.R.
Say filed by Adv. Mr. Kadam on N/M.
ORDER BELOW N/M NO.855/20
Heard. This N/M is taken out by deft. no.1 for condoning the delay of 324 days in filing W/S by deft. no.1.  The contention of the deft. no.1 is that he is not aware of the proceedings and has engaged advocate.  The deft. no.1 attended each and every date.  The advocate did not explain about the proceeding.  The deft. no.1 has handed over all the papers to the advocate.  It appears that the advocate has not made efforts to file the W/S.  The deft. no.1 has engaged new advocate and seeking leave to file the W/S.
Ld. Counsel for plaintiff objected to the N/M on the count that delay is deliberate and is not explained.  Sufficient cause is not made out.
The contention of the deft. no.1 that he was not aware about the proceedings although he attended each and every date is not acceptable.  The explanation is not justifiable.  In dealing with such type of motion, there should not be hyper-technical and pedantic approach. Technicalities cannot be pitted against substantial rights. The substantial rights of the parties are involved.  The matter is at initial stage.  In the interest of justice, the NM needs consideration.  Hence, it is expedient to pass the following order.
ORDER
1.   N/M No.855/20 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.500/- to be paid to legal aid within a period of four weeks from today.
2.    Payment of cost is subject precedent.
3.   On payment of cost, W/S of deft. no.1 be taken on record.
4.   N/M No.855/20 is disposed off accordingly.
F.R.S.R. following order is passed-
ORDER
1.   N/M No.4690/18 is made absolute in terms of prayer clause (a) to (c).
2.   Costs in the cause.
3.   N/M No.4690/18 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 27-02-2020

Main Case No: SUIT/0103153/2018
Main Cnr: MHCC010147542018
Main Filing No: 111447

Filing Number: 102516/2020
Filing Date: 24-02-2020
First Hearing Date: 27th February 2020
Decision Date: 27th February 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE