Final Order 1

Order Details: Other
Pdf Text: 04.05.2019
SU 2734/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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 December2018 and January2019. 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.
Judge
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