Date: 24-04-2019
Business: Resumed.
Adv. Sheena Patil for plaintiff and Adv. Mr. Mamnia with def. Nos. 2 to 4 are present.
Exh. 8 - Adv. Mamnia filed affidavit of service of NM No. 1609/2019.
Adv. Patil tendered registered NM No. 1330/2019 with affidavit.
Heard both the advocates on NM No. 1609/2019. The defendants are seeking condonation of delay of 12 days and further leave to file w.s. the Ld. Advocate for plaintiff, without prejudice to the rights of the plaintiff submitted that necessary orders may be passed in the matter.
Considering the rival submissions, in view of the ratio laid down by the Hon\''ble High Court of Bombay in the case of Vimalkumar vs Vinodkumar reported in 1999 (1) Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives discretion to the Court and Court can permit to file w.s. at any stage prior to pronouncement of judgment. Therefore, the prejudice which may be caused to the plaintiff can be compensated in terms of costs. Thus the following order is passed- The NM no.1609/2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs Rs. 2000/- to the plaintiff within a period of two weeks from today or to be deposited for that purpose in the Court within two weeks from today. Adv. Mamnia for defendants undertakes to tender registered NM in the Court before next date.
Adjd for NM arguments and compliance to 10.07.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 24-04-2019