Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: National Lock down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present for both the sides.
Matter is adjd. to 24.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Lokare for plaintiff
Adv. Gadigaonkar for defendant No.2.
Adv. Thapa for defendant No.3.
Advocate for the defendant No. 2 tendered registered N/M No.1062/2020 along with affidavit in support. t.o.r.
On oral request of the ld. advocate for the defendant No.2 time to register NM is extended.
Matter is adjd. to 27/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None for plaintiff.
Adv. Thapa for defendant No.2 present.
Matter is adjd. to 13/01/2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: REPLY
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
None present for plaintiff.
Adv. Ms. Shaha for defendant No. 2 is present and tendered affidavit in reply in NM No. 3109/19. TOR.
It appears that inspite of just opportunity plaintiff failed to file reply to NM No. 1062/20. Hence, it is proceed without reply of plaintiff.
As the plaintiff and his advocate are absent.
Matter adjourned for NM hearing to 25.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Parab present for defendant no. 02.
Adv. Kavita shah present for defendant 02.
Adv. Hemant Ghadigavkar present for defendant 03.
Heard ld. Adv. For defendant no. 02 ld. Adv. For defendant no. 02 on NM no. 1062/2020.
Order on Notice of Motion No. 1062/2020.
ORDER-
Defendant no. 02 has taken out present Notice of Motion for condonation of delay in filling WS if any and for taking its WS on record.
Head ld. Adv. For defendant no. 02 and ld. Adv. For plaintiff.
Perusal of affidavit in support of notice of motion reveals that, it is contention of plaintiff that till date that writ of summons is not served upon it. The above contention of defendant no. 02 is not challenged by the plaintiff. Therefore, from the affidavit in support of NM, it appears that, defendant no. 02 has demonstrated just an exceptional cause for non filling of WS earlier and for condonation of delay in filling WS. Moreover, considering the nature of the suit in order to give fair opportunity to the defendant no. 02 to defend the suit, it will be appropriate to condon the delay in filling WS if any and to take on record the WS of defendant no. 02. No prejudice will be cause to the plaintiff.
Considering the matter on record and above discussion, Notice of Motion deserves to be made absolute. Hence, court proceeds to pass the following order.
ORDER
1) Notice of Motion no. 1062/2020 is made absolute.
2) WS of defendant no. 02 be taken on record if tendered by defendant no. 02, today or on or before next date.
3) Notice of Motion 1062/2020 is disposed off accordingly.
Adv. For defendant no. 02 tendered WS of defendant no. 02. t.o.r marked as Exh. 04.
Authenticated copy of Roznama be given to both the parties if requested.
Matter adjourned for hrg. On NM of plaintiff to 04/05/22.
Nature Of Disposal: ALLOWED
Disposal Date: 25-03-2022