Final Order 1

Order Details: Other
Pdf Text: 02.03.2019
SU 2019/18
@ NM
3100/18 @
Ch/s 376/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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