Date: 02-03-2019
Business: Adv. Hasnale for Plaintiff present.
Adv. Goel for Defendant nos.1 and 2 present.
Original NM no.3929/18 tendered by Adv for Plaintiff t.o.r.
Affidavit of service filed by Plaintiff t.o.r.
Writ of summons filed by Plaintiff t.o.r.
Additional affidavit in support of NM filed by Plaintiff t.o.r.
Draft Ch/s tendered by Plaintiff t.o.r.
Leave granted to register it.
Copy be served to other side.
Ex.4 Adv. Narvekar filed V/n for Defendant no.3 t.o.r.
Deft no.4 absent.
Reply filed by Defendant no.3 to NM taken out by Plaintiff.
Copy of NM and Ch/s is already served.
Draft NM filed by Defendant no.3 alongwith affidavit and written statement annexed to it.
Leave is granted to register it.
Say filed by Adv for Plaintiff to draft NM.
Order below draft NM.
Notice of motion is taken out by Defendant no.3 for condoning 30 days delay caused in filing written statement and to take written statement on record. On the count that he is diabetic patient and having multiple health problem and his wife is not keeping well and he was also looking after responsibility of marriage of brother\''s daughter.
Plaintiff has objected to notice of motion.
It is pertinent to note that defendant no.3 has annexed written statement to this motion which shows his bonafide and that he does not want to cause delay. Delay caused is of 30 days and moreso, it is within the period of outer limit of 90 days. Delay caused is not inordinate and deliberate. Therefore, I am inclined to condone the delay caused in filing written statement and to take written statement on record. Hence, pass following order.
ORDER
Draft Notice of Motion is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Written statement annexed to notice of motion be marked exhibit.
3. This notice of motion be registered for statistical purpose.
Ex.5 WS filed by Defendant no.3 t.o.r.
Copy of WS is supplied to Plaintiff.
Adj for compliance to 23.04.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 02-03-2019
