Date: 02-03-2019
Business: Adv. Upadhyay for Plaintiff present.
Adv. Rajnish Upadhyay for Resp. present.
Adv. Sonali for Defendant no.1 present.
Adv. Bansode for Defendant no.2 present.
Original Ch/s no.376/19 filed by Plaintiff t.o.r.
Reply filed by Resp.
Copy given to other side.
Draft NM tendered by Defendant no.2 t.o.r.
Leave granted to register it.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Draft NM is taken out by Defendant no.2 for condoning delay of 160 days caused in filing of written statement.
Mainly on the count that on appearance these defendants matter was referred for mediation and it was for mediation report till 19.11.2018. It is further contended that on 19.11.18 Court was not sitting, so written statement could not be filed and matter was adjourned to 25.01.2019. It is contended that defendant no.2 has affirmed the written statement on 19.11.2018. In above background defendant no.2 prayed for taking his written statement on record.
Plaintiffs have opposed notice of motion on the count that there is delay of 160 days and defendant no.1 was well aware about the proceedings.
Heard counsel for respective parties. Perused Roznamas of the suit. It is clear that on the date of appearance of defendant no.2 i.e. 13.08.2018 suit was referred for mediation and it was adjourned for mediation report from time to time till 19.11.2018. On 19.11.2018 mediation report has been received and it is informed that mediation has failed. Contention of defendant no.2 that Court was not sitting on 19.11.2018 does not appear correct. May it be so, it appears from written statement annexed with notice of motion that defendant no.2 has affirmed it on 19.11.2018 which shows his bonafide. It can be said that he negligently did not file it on record on the same date. The facts of matter in the interest of justice and fair trial, I am of the view to condone delay caused in filing written statement by defendant no.2 by imposing certain cost. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to payment of cost of Rs.3,000/- to the plaintiffs.
2. On payment of cost to the plaintiffs, written statement annexed to notice of motion be marked exhibit.
3. This notice of motion be registered for statistical purpose.
Adj for reply to NM 3100/18 and Ch/s 376/19 and compliance to 20.04.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 02-03-2019
