Date: 27-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Advocate V. E. Pereira for Plaintiff present
Defendant present.
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 26/02/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Advocate Mr. Pereira for Plaintiff present
Advocate Ms. Usha Dupargude for Defendant present
ORDER ON NM NO.1523/19
This Notice of Motion is taken out by Defendant for condonation of delay of 70 days caused in filing Written Statement by Defendant. In the affidavit filed by Defendant, it is contended that parties were thinking for amicable settlement and matter was referred to Lok-adalat dated 08/12/2018, however there was no settlement between the parties and meanwhile Defendant could not meet her lawyer for preparation of Written Statement, hence 70 days delay is caused in filing Written Statement.
Plaintiff\''s CA, Atmaram Sohanda has filed his affidavit in reply and resisted Notice of Motion contending that admittedly writ of summons was served on Defendant on 05/10/2018 and she should have filed Written Statement within stipulated time, however, Defendant has not given sufficient reason to condone the delay caused in filing Written Statement.
Heard advocate for Defendant Ms. Usha Dupargude and advocate for Plaintiff Mr. Pereira. Considering the fact that parties were thinking for settlement but it could not take place, I find that delay caused in filing Written Statement by Defendant can be condoned directing Defendant to pay some costs to Plaintiff, hence I proceed to pass following order-
ORDER
Notice of Motion no.1523 of 2019 is made absolute in terms of prayer clause (a), subject to cost of Rs.1500/- to be paid by Defendant to Plaintiff.
It is made clear that on next date, if Defendant will pay cost amount to Plaintiff and will file her Written Statement, it will be accepted.
Case is adjourned to 27/03/2020 for compliance/Written Statement.
Nature Of Disposal: ALLOWED
Disposal Date: 26-02-2020