Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Moholkar for pltff present.
Adv. Shaila Tawde for D-1 and 2 present.
ORDER ON NM 1438/18
Heard both the sides on NM 1438/18. The present NM is taken out by
defendant No.1 and 2 for condonation of delay in filing WS and taking WS on
record.
Advocate for defendant submitted that the WS was already prepared, but due to
inadvertence the same could not be fled.
Advocate for plaintiff opposed for condonation of delay and taking the WS on
record on the ground that delay is not properly explained. However, Advocate for
plaintiff submitted that if delay is condoned, the costs will be imposed on
defendants.
Having regard to the nature of the suit, I am of the view that fair opportunity
will be given to the defendant to file WS. The delay compensated with imposing
costs. Therefore, following order.
ORDER
Notice of Motion No.1438/18 is made absolute, thereby the delay in filing the
written statement is condoned, subject to payment of costs of Rs.10,000/- out of
which Rs.5000/- to be paid by defendants to plaintiff or Advocate for plaintiff and
Rs.5000/- to be deposited with the office of legal aid within 2 weeks from
reopening after the summer vacation. On compliance being made by the
defendants and subject to same the written statement is taken on record and
marked as Exh.3.
Adjd for hearing on NM on 18.07.18.
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