Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101523/2019
Smt. Nanakibai Hiranand Sohanda Vs Geeta Teju Sohanda
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&amp#039s
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
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