Date: 24-04-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Andrews for plaintiff present.
Adv. Prabhu for defendant nos. 1 and 2 present.
Adv. Zaveri for Defendant no.4 present. He tendered registered Ch/s no. 1229/19 alongwith affidavit in support. TOR.
Adv. Prabhu filed reply to Ch/s no. 1229/19. TOR.
Earlier order continued till next date.
Matter is adjd. to 10.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. K. Andrews for the Plaintiff present.
Adv. Zaveri h/f Gala for Defendant-4 present.
Adv. Prabhu for MHADA Defendant no.1 to 3 present.
The Plaintiff has failed to file reply. Hence no reply order is passed against the Plaintiff.
Defendant no.1 to 3 have failed to file WS. Hence no WS order is passed against Defendant no.1 to 3
Heard arguments.
Order passed below N/M no. 1539/19
Heard. Perused affidavit in support of N/M and reasons stated by Defendant no. 4 at page no. 4. It seems that the Plaintiff has given inspection of the documents. Admittedly, there is delay of 365 days in filing Written Statement. It appears that alongwith the N/M defendant no. 4 has filed copy of Written statement. In such circumstances, in order to decide real controversial issues involved in the suit on merits, it is desirable to give opportunity to Defendant no. 4 to file Written statement. Considering delay caused in filing WS, heavy costs is to be imposed upon Defendant no. 4 while allowing this N/M. Thus in the interest of justice, N/M is to be allowed. With this I proceed to pass the following order.
Order
1. Notice of Motion No.1539/2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs of Rs.4000/- payable by Defendant no. 4 to the Plaintiff on or before next date.
2. On payment of costs, Defendant no. 4 is permitted to tender WS on next date and failure to which, N/M will be dismissed automatically.
3. Accordingly N/M no. 1539/19 stands disposed of.
Matter is adjd. to 10.12.2019 for compliance by Defendant no. 4.
Nature Of Disposal: ALLOWED
Disposal Date: 10-10-2019