Final Order 1

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IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102209/2018
Shri Krishna Ambaji Thale Anr. Vs MS. Bhandup Estate
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
COURT 3 ADDL. SESSIONS JUDGE
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