Date: 18-06-2019
Business: Adv. Gamre for plaintiff present.
Adv. Suchita Pawar for defendant present.
Adv. for defendant tendered registered NM NO. 1836/19. TOR.
Adv. for plaintiff seeks time to file reply on NM.
Adjourned for reply to NM to 8.7.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Adv. Sachin Gangar for plaintiff present.
Reply to NM filed by the plaintiff.
Plaintiff to supply the copy of reply to the defendant.
Adjourned for NM hearing to 17.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: None present for plaintiff.
Adv. Pawar for defendant present.
Heard Ld. Advocate for the plaintiff on NM No. 1836/2019.
Order on Notice of Motion No. 1836/2019.
Heard. The Ld. counsel for the plaintiff submitted that there is delay of 180 days in filing written statement. Defendant, due to prolong health issue and advance age, could not communicate with his advocate. Thus the written statement could not be filed within the mandatory period. It appears that the plaintiff has opposed the NM on the count that the defendant has not given sufficient cause and he was negligent in filing the written statement within stipulated time.
The defendant is aged about 78 years old and it is submitted on the oath that he has health issue, therefore he could not communicate in respect of filing of the written statement. The matter is at preliminary stage. Substantial rights of the parties are involved. No prejudice would be caused to the plaintiff if the written statement is taken on record and the matter is heard on merit. Even otherwise there should not be hyper technical and pedantic approach in dealing with such type of motions. Hence in the interest of justice the Notice of Motion needs consideration and therefor it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1836/19 is made absolute and the delay in filing written statement is condoned subject to the costs of Rs. 3,000/- to be paid to the plaintiff within a period of four weeks form today.
2. The payment of costs is subject precedent.
3. On compliance of the order, written statement be taken on record.
4. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2019
