Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100874/2019
M/s. Bharati Enterprises Vs 1. The State of Maharastra 2. The
Superintending Engineer 3. The Executive Engineer 4. Dy. Engineer
Date : 11102021
Business : None for plaintiff. Adv. Sachin Kadam for
deft. nos.1 to 4 present. Heard Adv. For
deft. nos.1 to 4 on Ch/sum no.874/19.
ORDER BELOW CH/SUM NO.874/19 This
Ch/sum is taken out by deft. nos.1 to 4
praying to condone delay of 33 days for
filing leave to defend the suit. It is
submitted on behalf of defts. that summons
for judgment were served upon them on
11.03.2019. However, deft. nos.1 to 4 were
required to take information from various
departments for filing leave to defend the
suit and in that process, there was delay of
33 days in applying for leave to defend the
suit. Deft. nos.1 to 4 prayed to condone the
delay in applying leave to defend the suit.
Inspite of sufficient opportunities and time,
plaintiff failed to file reply to this Ch/sum.
Perused the proceeding sheet. Roznama
shows that plaintiff has applied for
summons for judgment before proper
appearance of deft. nos.1 to 4 as
contemplated under Order 37 Rule 3 of
C.P.C. As per order below Ch/sum no.32/19
dated 29.09.2021, deft. nos.1 to 4 are
permitted to appear before the Court.
Summons for judgment is taken out by
plaintiff prior to appearance of the deft.
nos.1 to 4. Therefore, it would be expedient
to allow deft. nos.1 to 4 to contest the
summons for judgment taken out by
plaintiff. In the result, following order.
ORDER 1. Ch/sum no.874/19 is allowed in
terms of prayer clause (a). 2. Deft. nos.1 to
4 are permitted to apply leave to defend the
suit within 10 days. 3. No order as to costs.
4. Ch/sum no.874/19 is disposed of
accordingly.
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Nature of
Disposal
: ALLOWED
Disposal Date : 11102021
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