Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100905/2020
M/s. Showays Advertisers Vs Suman Cooperative Housing and Anr.
Date : 12082021
Business : Adv. S.T. Manek for plaintiff present. Adv.
Apurva Kulkarni for deft. no.1 present.
Heard both sides on N/M no.905/20.
ORDER ON N/M NO.905/20 Deft. no.1 has
taken out this N/M praying to condone
delay in filing written statement. Ld.
counsel Shri. S.T. Manek appearing for the
plaintiff submitted that he strongly opposes
the N/M moved by deft. no.1 and his
objection may be taken on record. It is
submitted on behalf of deft. no.1 that deft.
no.1 is a CoOperative Housing Society. The
office bearers of the housing society were
changed as per order of the Dy. Registrar
dated 28.11.2019. Thereafter, authorized
committee took the charge on 10.12.2019.
Authorized Committee took out the papers
of the present suit on 18.12.2019. It held
Special General Body Meeting of the society
on 05.01.2020 and passed resolution to
contest the suit. Deft. no.1 is a CoOperative
Housing Society. It has made out sufficient
cause for delay in filing written statement.
Considering the nature of suit and
principles of natural justice, it would be
expedient to allow deft. no.1 to contest the
suit. However, delay in filing written
statement is required to be saddled with
costs. In the result, following order. ORDER
1. N/M No.905/20 is made absolute in
terms of prayer clause (a) subject to
payment of costs of Rs.2,000/ payable to
the plaintiff. 2. N/M No.905/20 is disposed
of accordingly.
Nature of
Disposal
: ALLOWED
Disposal Date : 12082021
COURT 14 ADDL SESSIONS JUDGE
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