Date: 04-05-2019
Business: By Precipe.
Adv. Patil for Plaintiff present.
Adv. Patankar for Defendant nos.2(a) to 8(c) present.
Draft NM filed by Adv for defendant nos.2(a) to 8(c) t.o.r.
Leave is granted to register it.
Copy be given to other side.
K.B.
L.O.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Notice of motion is taken out by defendant no.2(a) to 8(c) for condoning the delay of 102 days caused in filing of written statement and to accept Written statement.
It is contended that defendant nos.2(a) to 8(b) being relatives of defendant no.8(c) are relying upon him to pursue the matter and all of them have received writ of summons on various dates in the month of December-2018 and January-2019. Due to their personal difficulties, they could not meet him and so he could not give instructions to his Advocate for filing Written statement. They met him in first week of April and gave him copy of plaint and writ of summons and they met their Advocate on 15.04.2019 and signed V/n and Written Statement which was duly affirmed on 22.04.2019.
It seems that though defendants are negligent but it cannot be said that they deliberately did not file Written statement within prescribed time. Moreso, delay is not inordinate. Further these defendants have annexed written statement which shows their bonafide. Therefore, in the interest of justice and fair trial, I am inclined to condone delay and accept Written statement of these defendants on record. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clauses (a) and (b) subject to deposit of costs of Rs.1,000/- in Legal Aid funds of DLSA, Mumbai within period of one week.
2. On deposit of costs, Written statement to be marked exhibit.
Accordingly, draft NM is disposed off.
Draft NM be registered for statistical purpose.
Adj for compliance to 20.06.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 04-05-2019
