Royal Residency Co-Op.Hsg.Soc.Ltd.VsMr. Hemant B. Vyas And Anr.

Date: 13-06-2019
Business: Adv. D\''souza for plaintiff present.
Adv. Kakari for defendant No.1 and 2 present.
Defendant tendered draft notice of motion.
O - Leave is granted to register notice of motion.
Copy is given to other side.
Reply given by plaintiff on draft notice of motion.
Heard advocate of both sides.
Following order is passed on draft notice of motion.
ORDER
     Draft notice of motion is taken out by defendants to condone delay caused in filing reply to notice of motion No.3118 of 2018 and Chamber Summons No.1487 of 2018 and to set aside order dated 16.04.2019 in relation to proceeding of aforesaid notice of motion and chamber summons without reply.
    By filing reply plaintiff objected to draft notice of motion.
   Read draft notice of motion, affidavit in support of it and reply of plaintiff.  Heard respective counsel for both parties.
    It is pertinent to note that as per order dated 16.04.2019 aforesaid notice of motion and chamber summons proceeded without reply of defendants.  It is the contention of defendants that because of settlement talks which were going on between the parties to resolve dispute delay has been caused in filing reply.  Keeping in view reason assigned by defendants, in order to give opportunity to contest chamber summons and notice of motion on merits I find it just to permit defendants to file reply to notice of motion and chamber summons.  However, considering the conduct of defendants certain costs is required to be imposed upon them.  Hence, pass following order
ORDER
1.  Draft Notice of Motion is allowed and made absolute in terms of prayer clauses (a) to (c) subject to payment of costs of Rs.1000/- to plaintiff within period of one week from the date of this order.
      Defendants are at liberty to deposit costs payable to plaintiff in the Court.
2.  On payment of costs by defendants their reply be taken on record.
3.   Draft notice of motion be registered for statistical purpose.
4.   Accordingly, draft notice of motion is disposed off.
Adjd for hearing and compliance to 01.07.2019
Next Purpose: N/M DISPOSED OFF
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv. D\\\''souza for Plaintiff present.
Adv. Kakri for Defendant present.
Already Disp off NM No.2093/19 filed t.o.r.
Affidavit of reply of defendant no.1 to Ch/s of Plaintiff filed t.o.r.
Copy given to other side.
Affidavit in reply of defendant no.1 to NM t.o.r.
Copy given to other side.
Adv for Plaintiff submitted that Plaintiff wants to file rejoinder.
Adj for rejoinder and hearing to 02.08.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 01-07-2019

Main Case No: SUIT/0101116/2014
Main Cnr: MHCC010130662013
Main Filing No: 111447

Filing Number: 106313/2019
Filing Date: 13-06-2019
First Hearing Date: 13th June 2019
Decision Date: 01st July 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE