Date: 02-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to COVID 19, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Tambde for plaintiff present. Plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file reply to N/M no.831/20. Granted.
The matter is adjd for reply to N/M to 06.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Tambde for plaintiff present.
None for deft.
Advocate for pltff files reply to N/M No.831/20.
The matter is adjd for N/M Hearing to .04.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Tambde for plaintiff present.
Adv. Sandip Singh for deft. no.1 present.
ORDER IN DRAFT N/M
Heard. By this N/M, deft. no.1 seeks condonation of delay in filing written statement. The contention of deft. no.1 is that deft. no.1 appeared in the matter on 29.01.2019. He was in financial difficulty and hence could not contact his advocate. The father-in-law of deft. no.1 was hospitalized on 07.11.2019 and therefore, he was at Kolhapur. It is further submitted that writ of summons was not served on this deft.
Ld. counsel for plaintiff submitted that reasons given by deft. no.1 are not sufficient to condone the delay. Once he appeared in the matter and filed this N/M, he cannot take the ground that writ of summons was not served upon him.
I have considered the rival submissions. The deft. no.1 appeared in the matter on 29.01.2019 and failed to file written statement within stipulated time. Once deft. no.1 appeared in the matter, it is not open for him to allege that writ of summons was not served upon him.
Be that as it may, the matter is at nascent stage. Substantial rights of the parties are involved. No prejudice would be caused to the plaintiff if deft. no.1 is allowed to put his defence. There should not be hyper-technical and pedantic approach in dealing with such type of N/M. It would be in the interest of the parties if the matter is decided on merits. Therefore, in the interest of justice, it is just and expedient to pass the following order.
ORDER
1. Draft N/M is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.5,000/- to be paid within two weeks to the plaintiff.
2. After payment of cost, written statement be taken on record.
3. Deft. no.1 to register the draft N/M for statistical purpose.
Last chance is granted to deft. no.2 to argue his N/M.
The matter is adjd for N/M hearing to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 22.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Tambade for plaintiff is present.
None for defendant.
Order below NM No. 831/2020
Perused the notice of motion which is supported by an affidavit of defendant no.2 Ulhas Anerao. Also perused the reply and affidavit by plaintiff. Heard. I have also perused the order dtd. 04.03.2021 wherein defendant no.1 was permitted to file written statement. It is submitted that the defendant no.2 is having good case to contest suit on merits. Genuine reasons are mentioned for not filing written statement within the statutory period. It is a matter of record that written statement is also filed along with the notice of motion. Thus for giving fair opportunity to defendant no.2 to contest the suit on merits, in my opinion subject to the same condition imposed on defendant no.1 this notice of motion can be allowed.
ORDER
Notice of Motion No. 831/2020 is allowed and made absolute interms of prayer clause (a) subject to costs of Rs.5000/- to be paid within two weeks to the plaintiff. After payment of cost, written statement be taken on record. Notice of Motion is allowed and disposed of accordingly.
Order below NM No.4811/18
Perused the notice of motion. Today the Ld. Adv.for the plaintiff has not pressed the Notice of Motion No. 4811/18 by making an endorsement on it. Hence, Notice of Motion No. 4811/18 is disposed of as withdrawn.
Nature Of Disposal: ALLOWED
Disposal Date: 24-09-2021