Date: 16-04-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-07-2018
Date: 16-07-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Resumed.
The P.O. is busy in dictating NM orders in Suit No. 2803/2018 and 2804/2018 and Ch/s orders in Suit No. 8337/1998. For want of time the board is discharged.
Adjd for NM arguments to 06.06.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Court is on leave
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-08-2019
Date: 06-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. Shah for plaintiff present.
None present for defendant.
NM is tendered by defendant. Put NM for dismissal order.
Adjourned for dismissal of NM to 27.9.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2019
Date: 01-08-2019
Business: Adv. Shah for plaintiff present.
None present for defendant.
NM is tendered by defendant. Put NM for dismissal order.
Adjourned for dismissal of NM to 27.9.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Shah for plaintiff present.
Adv. Sumit Wankhalkar for defendant present.
Adjourned for dismissal of NM to 22.11.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Shah for plaintiff present.
None present for defendant.
Put NM for dismissal.
Adjourned for dismissal of NM to 17.1.2020.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2020
Date: 22-11-2019
Business: Adv. Shah for plaintiff present.
None present for defendant.
Put NM for dismissal.
Adjourned for dismissal of NM to 17.1.2020.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 17-01-2020
Business: Adv. Shah for plaintiff present.
Adv. Mahamane for deft. present.
Exh.3 Application for removal of N/M from the caption of dismissal.
O. - Read application. Heard. Considering the reason, the order of dismissal is recalled.
The matter is adjd for N/M hearing to 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv. Shah for plaintiff present.
None for deft.
Matter is called in morning. In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for N/M hearing to 26.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 17.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 01-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 17.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 17-12-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present.
Adjourned as a last chance for hearing on N/M.
The matter is adjd for N/M hearing to 03.03.2021.
L.O.
Adv. Chirag h/f. Adv. Shah for plaintiff present.
The matter is already adjd for N/M hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021
Date: 29-01-2021
Business: None present.
Adjourned as a last chance for hearing on N/M.
The matter is adjd for N/M hearing to 03.03.2021.
L.O.
Adv. Chirag h/f. Adv. Shah for plaintiff present.
The matter is already adjd for N/M hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Shah for plaintiff present.
Adv. Archana Khan for deft. present.
ORDER BELOW N/M NO.1450/2018
Heard. By this N/M, the deft. inter-alia seeks leave of the Court for condoning the delay for filing the written statement and to take the written statement on record. The contention of deft. is that the exhaustive reply to N/M was filed within time when the matter was before the Hon\''ble High Court. The deft. lost the sight of the matter due to financial problem coupled with crisis in dealing with marriage of two daughters and his chronic illness of acute depression and high blood pressure. For the above said reasons, the deft. prayed for condoning the delay. She also prayed for setting aside the order of no cross.
Ld. counsel for plaintiff argued that the delay is inordinate delay. It runs for more than three years. He would further submit that the matter was cropped up for evidence and affidavit of evidence was also tendered by the plaintiff. The matter was proceeded without cross examination of deft. to the plaintiff.
On perusal of record, it appears that at some point of time, the matter was sent for mediation. No doubt, there is a delay of substantial period of more than three years in filing the written statement. The plaintiff has also tendered affidavit of evidence. The matter was also posted for final arguments. Meanwhile, present N/M is tendered by the deft. At this juncture, it is apparent from record that the deft. has filed the reply to the N/M of the plaintiff and the same is detailed reply. The substantial rights of the parties are involved. There should not be hyper-technical and pedantic approach in dealing with such type of N/M. The reason assigned by the deft. appears to be just and sufficient. No prejudice would be caused to the plaintiff if the matter is decided on merits by affording opportunity to the deft. to put his defence. The opportunity is required to be given in the interest of justice to the deft. to contest the matter on merits. The delay can be compensated by imposing suitable cost. Thus, in view of the above discussion, it is expedient to pass the following order.
ORDER
1. N/M No.1450/2018 is made absolute in terms of prayer clause (1) and (2) subject to cost of Rs.5,000/- to be paid to the plaintiff within a period of two weeks from today.
2. On payment of cost, the written statement be taken on record.
3. N/M No.1450/2018 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 03-03-2021
