Date: 22-08-2019
Business: Court is busy in hearing NM in suit no.4935/12 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 20/11/2019.
Advocate for Plaintiff filed affidavit of service and filed registered Notice of Motion no.1196/2019 with affidavit in support, t.o.r.
Advocate Vinod Singh for Defendant no.4 present and filed registered Notice of Motion no.2542/19/2019 with affidavit in support and Written Statement t.o.r.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Advocate Jaya Mishra for Plaintiff present
Advocate Shriya Amin for Defendant no.4 present
Heard.
ORDER ON NM NO.2542/19
This Notice of Motion taken out by Defendant no.4 for condoning the delay of 79 days caused in filing Written Statement.
Defendant no.4 has filed affidavit in support of Notice of Motion contending that Defendant no.4 was unable to approach her advocate in relation to this matter due to the fact that she was engaged in health problem and could not travel from Pune to Mumbai to give instructions to her advocate. It is contended that hence the delay in filing Written Statement is caused due to health reason and it is not the intentional delay. It is contended that after improvement in the health Defendant no.4 approached her advocate and taken out this Notice of Motion without further delay. According to Defendant no.4 she has good case on merits to defend the suit and she will suffer from grave loss if the delay will not be condoned and if her Written Statement will not be accepted. It is pertinent to note here that affidavit filed in support of Notice of Motion and till 19 pages Defendant no.4 has given the history of various litigations pending between the parties of the suit.
Plaintiff has not filed the reply to resist the Notice of Motion. Heard advocate Ms. Shriya Amin for Defendant no.4 and advocate Ms. Jaya Mishra for Plaintiff. Admittedly, 79 days delay is caused in filing Written Statement and Defendant no.4 has contended that she was suffering from health problems however rather that filing document about her illness, she has filed other correspondence between her lawyer or Plaintiff\''s lawyer and correspondence between Plaintiff and herself. Thus, from the documents on record it becomes clear that Defendant no.4 is intending not only to contest the suit but to fight with Plaintiff with full energy. In such circumstances, I find that opportunity can be given to Defendant no.4 by ordering her to pay some cost to Plaintiff, hence I proceed to pass following order-
ORDER
Notice of Motion No.2542 of 2019 is made absolute in terms of prayer clauses (a) and (b), subject to cost of Rs.1000/- to be paid to Plaintiff.
Case is adjourned to 26/03/2020 for compliance by Defendant and for filing affidavit of service of writ of summons by Plaintiff so that further orders can be passed in respect of Defendant nos.1 to 3.
Nature Of Disposal: ALLOWED
Disposal Date: 07-02-2020