Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101062/2020
Shri. Sanjay Balkrishna Dalvi Vs MHADA and Ors.
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
COURT 08 ADDL SESSIONS JUDGE
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