Shri Krishna Ambaji Thale Anr.VsMS. Bhandup Estate

Date: 05-07-2018
Business: Matter adj. for Evidence of Plaintiff and NM Reply, if any, to 16.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Tripathi for plaintiff present and filed reply in NM no. 2209/2018.
Copy served to other side.
Adv. Singh for D-1 present.
Heard both sides in NM No.2209/2018.
By this notice of motion, D-1 to 10 are seeking to set aside the order dated 12.3.2018 whereby suit is directed to proceed without additional written statement of defendants. Heard Ld. counsel for the parties. There is no dispute that plaint was amended. Defendants have taken time to file additional written statement. However, they  could not file the same within time. The defendants have explained reasons for delay in paragraphs no. 7 to 10 of the affidavit filed in support of the notice of motion. Ld. counsel  for plaintiff has opposed the prayer made in the notice of motion and submitted that if delay is condoned, the defendants may be directed to pay the cost. Hence notice of motion no. 2209/2018 made absolute in terms of prayer clause (a) subject to payment of cost of Rs.3000/- to the plaintiff within two weeks. If the cost is paid, the additional written statement be taken on record. If the cost is not paid, the notice of motion no.2209/2018 shall stand dismissed.
If the evidence is not filed on the next date, the evidence of plaintiff shall be closed.
Nature Of Disposal: DISMISSED
Disposal Date: 16-07-2018

Filing Number: 107800/2018
Filing Date: 14-06-2018
First Hearing Date: 05th July 2018
Decision Date: 16th July 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE