Date: 10-07-2019
Business: Ex.5 Adv. G.V.Naik filed V/n for Plaintiff t.o.r.
Adv. Matkar for defendant nos.6 to 10 present.
He tendered original NM Nos.2371/19 and 2372/19 t.o.r.
Plaintiff filed reply to NM No.2371/19 t.o.r.
Copy of reply given to other side.
Plaintiff tendered original Ch/s No.1162/19 t.o.r.
Adv for Plaintiff sought time to file reply to NM No.2372/19.
Short time is granted as last chance.
Adj for NM reply and Ch/s reply to 05.08.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Defendant No. 4 is present.
Adv. Murthy along with Adv. G. B. Naik for Plaintiff present.
Adv. Ankita Chajed for defendant No. 1,3 4 and 5 present.
Adv. Rakhi Tawde For defendant No. 6 to 10 present.
Adv. For def No. 1, 3, 4 and 5 tendered draft Notice of Motion. O- Leave granted to register Notice of Motion.
Copy is served upon plaintiff.
Plaintiff tendered draft chamber summons. O- Leave granted to register Chamber summons.
Copy of draft chamber summons is served on other side.
Reply filed by Plaintiff to Notice of Motion No. 2371/19. Copy given to other side.
Pleadings are completed in NM No. 2371/19. It is kept for Notice of motion for hearing.
Defendant No. 1,3 4 and 5 filed reply to CS No. 1162/19 contempt Notice of Motion No. 3486/17, Nm No. 2372/19 and Nm No. 2371/19. tor.
Affidavit in reply filed by defendant No. 1, 3, 4 and 5 to the contempt Motion No. 3486/17. taken on record.
Affidavit in reply filed by defendant No. 2,4 and 5 to notice of motion in counter claim. Tor.
Copy be served on other side.
Adjd. For NM No. 2371/19 hearing to 18/09/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Naik for plaintiff present.
Adv. Vatkar for defendant Nos.6 to 10 present.
Adv. Miss Ankita for defendant Nos.1, 3, 4 and 5 present.
Advocate for plaintiff not pressed Ch/s No.1162/2019 therefore Chamber Summons No.1162/2019 is filed and disposed of accordingly.
Plaintiff tendered original Ch/s No.1559/2019. Copy of present Chamber summons along with affidavit is now supplied to defendant Nos.1,3,4, 5 and 6 to 10. Plaintiff is directed to server the copy of Chamber summons upon defendant No.2.
Defendant nos.1, 3 to 5 tenderer original NM No.3153/2019. Copy is already served upon other side. Advocate for plaintiff sought time to file reply to NM 3153/2019.
KB
LO Order passed below Notice of Motion No.2371 of 2019
Newly added defendant Nos.6 to 10 have taken out notice of motion to condone delay caused in filing written statement.
Perused notice of motion, affidavit in support of it and reply of plaintiff. Heard respective counsel for parties.
Defendant Nos.6 to 10 have cited various reasons for delay caused in filing written statement by them including that of their follow up with previous advocate for filing written statement and, after change of their advocate it was advised that they should file counter claim and for giving instruction and preparation of draft written statement time has been spent till last week of April, 2019. It is further contended that subsequently due to Ramzan and vacation draft written statement could not be finalized and it was finalized only in second week of June, 2019. Accordingly, they prayed for condoning delay.
Plaintiff opposed notice of motion on the ground that reasons assigned are false and they have not assigned justified grounds for condoning delay.
Before dealing with draft notice of motion it is necessary to mention legal position in relation to proviso to Order VIII Rule 1 of CPC. It is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of above legal position now I consider notice of motion.
Reasons assigned by defendant Nos.6 to 10 are sufficient to condone the delay. More so, delay caused is not inordinate. It does not seem that these defendants want to delay the prosecution of the suit. It cannot be said that delay caused is deliberate. In the facts of matter it is not appropriate to refrain these defendants from contesting the matter on merits. Therefore, in the interest of justice I am inclined to condone delay caused in filing written statement. However, considering facts of the matter and conduct of these defendants it is necessary to impose certain costs upon them. Hence, pass following order.
ORDER
1. Notice of Motion No.2371 of 2019 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.3000 (Rupees Three thousand) to plaintiff within period of one week from the date of this order.
Defendant Nos.6 to 10 are at liberty to deposit total costs of Rs.3000 payable to plaintiff in the Court.
2. After payment of costs written statement of Defendant Nos.6 to 10 be taken on record and marked exhibit.
3. Accordingly, notice of motion is disposed off.
Matter is adjd. to 16.10.2019 for reply.
Nature Of Disposal: OTHERWISE
Disposal Date: 18-09-2019
