Final Order 1

Order Details: Other
Pdf Text: 10.08.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU.4538/12
Exh.7
Exh.8
Adv. Mangesh Chavan for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
Order on NM No. 1387/19
This NM is taken out by the defendant no. 1 for permission to file
affidavit cum written statement. The Ld. Adv. For D-1 submitted that
being corporate body the defendant is having vast organization and in
view of shortage of staff and daily workload, reply cum written
statement remained to be filed on record. On the other hand, ld. Adv.
for the plaintiff submitted that no any reply is filed to the NM by way of
resistance. While opposing the NM, Ld.A dv. For plaintiff has not
putforth any specific reason as to why the D-1 should not be permitted
to tender its reply cum written statement at belated stage nor any
insistance is made at any earlier point of time by the plaintiff so as to
proceed without reply/w.s. against this defendant. Hence, in the interest
of justice, to decide the suit on merit, it is necessary to grant
opportunity to the defendant no. 1 to file reply cum written statement
on record. Thus, following order is passed:-
ORDER
1. Notice of Motion No. 1387/19 is allowed in terms of prayer clause
(a) and (b).
2. Reply cum written statement of the defendant be taken on record.
Reply cum written statement of the D-1. TOR and marked at Exh.7.
She has also filed list of documents. TOR and marked at Exh. 8
Heard arguments of both sides on NM No. 3991/15.
Matter is adjd to 01.09.2023 for orders on NM No. 3991/15.
Judge
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