Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102542/2019
Mrs. Pushpa Tukaram Borhade Vs Mr. Nandkumar Dwarkanath Dere And Ors - Applicants -
Jayshree Vijay Wadke
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&amp#039s 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
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