Date: 03-03-2020
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Vidhya Bhosale for deft. no. 2 present.
Adv. Agrawal for deft. no. 3 present.
Adv. For the deft. Tendered register N/M No.827/2020 @ affidavit in support.
Matter is adjd to 21.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 07.07.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Court is on Leave.
Matter is adjd to 17.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: P.O. is on leave.
Matter is adjd to 05.04.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Tambe for the plff present.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 29.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 03.07.2021 for NM reply
Next Purpose: REPLY
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: REPLY
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present.
The matter is adjd for N/M hearing to 01.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None for plaintiff.
Adv. J.P. Dhanuka for deft. nos.1 and 2 present. He submits that plaintiffs advocate communicated to defendants advocate Shri. Mishra that he will not be able to appear before the Court for hearing owing to his illness. In view of this submission, matter is adjourned for hearing.
Plaintiff is directed to tender registered S/J.
The matter is adjd for N/M hearing to 20.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Ajinkya Lokare for plaintiff present.
Adv. Dhanuka for deft. nos.1 and 2 present.
Adv. For plaintiff filed reply to N/M. T.O.R.
Copy of reply is given to Adv. For deft. nos.1 and 2. Adv. For deft. nos.1 and 2 also accepted copy of reply on behalf of deft. no.3.
The matter is adjd for N/M hearing to 28.09.2021.
L.O. at 03.30 p.m.
Adv. Usha Agarwal for deft. no.3 present.
The matter is already adjd for N/M hearing to 28.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Ajinkya Lokare for plaintiff present.
Adv. Hasan Sayyad for deft. no.3 present.
Adv. For plaintiff tendered registered S/J No.41/20 along with affidavit. T.O.R.
Adv. For plaintiff also filed original summons. T.O.R.
Adv. Hasan Sayyad appearing on behalf of deft. no.3 submitted that Adv. Usha Agrawal is not feeling well and prayed for adjournment. Adjournment as prayed for is granted as a last chance.
The matter is adjd for N/M hearing to 04.10.2021 at 02.45 pm.
L.O. at 03.10 pm.
Adv. J.P. Dhanuka for deft. nos.1 and 2 present.
The matter is already adjd for N/M hearing to 04.10.2021 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Ajinkya Lokare for plaintiff present. Plaintiff present.
Adv. Usha Agarwal for deft. no.3 present.
Heard Adv. For deft. no.3 and Adv. For plaintiff on N/M no.827/20.
ORDER BELOW N/M NO.827/20
This N/M is taken out by deft. no.3 praying to condone delay in causing appearance before the Court.
It is submitted on behalf of deft. no.3 that he has instructed Adv. Kishor Goswami for appearing before the Court. But, said advocate did not appear before the Court within stipulated period. Deft. no.3 was undergoing medical treatment for ailments regarding heart disease. Deft. no.3 has undergone angioplasty in January 2020. After getting knowledge about the ex-parte order dated 21.06.2019, deft. no.3 appointed new advocate and filed present N/M. By making these submissions, deft. no.3 prayed to condone delay caused in appearance before the Court.
Plaintiff by filing reply affidavit submits that deft. no.3 was supposed to appear before the court within 10 days of the service of writ of summons. Deft. no.3 was served with writ of summons on 03.05.2019. But, failed to appear within stipulated period and therefore, ex-parte order came to be passed against deft. no.3 on 21.06.2019. There is inordinate delay in causing appearance before the Court and deft. no.3 failed to give sufficient cause for said delay. By making these submissions, plaintiff prayed to reject the N/M.
Considered the submissions advanced on behalf of both sides. Deft. no.3 was served with writ of summons on 03.05.2019. But, he failed to appear before the Court within stipulated period. Present N/M is taken out by deft. no.3 on 12.02.2020. Roznama shows that deft. nos.1 and 2 appeared before the Court within stipulated period and plaintiff has already taken out summons for judgment. During the course of arguments, Ld. Counsel for plaintiff submits that N/M may be allowed subject to heavy costs.
Deft. nos.1 and 2 are already contesting the summons for judgment by filing their reply. Deft. no.1 is a partnership firm. Deft. nos.2 and 3 are partners of deft. no.1/firm. Therefore, no prejudice would be caused to plaintiff, if delay in causing appearance of deft. no.3 is condoned and he is permitted to contest the summons for judgment. However, it cannot be ignored that delay in causing appearance by the deft. no.3 has caused delay in hearing of the suit. Considering the valuation of the claim and the period of delay, this Court would be well justified in imposing costs of Rs.10,000/- while allowing present N/M. In the result, following order.
ORDER
1. N/M No.827/20 is allowed in terms of prayer clause (a) and (b) subject to payment of costs of Rs.10,000/- payable to the plaintiff on or before next date.
2. After payment of costs, appearance of deft. no.3 be taken on record.
3. N/M No.827/20 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-10-2021