Date: 22-07-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. H. Rehman for plaintiff present.
Adv. Mugdha for defendant no. 1 present.
Adv. Fernandes for defendant no. 4 present.
Affidavit of service filed by the plaintiff qua defendant no. 5.
Plaintiff filed reply to the NM no. 2744/19.
Adjourned for NM hearing to 15.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Jagtiyani for plaintiff present.
Adv. Ravikant Purohit for defendant no. 1 present.
Adv. Prachi Pandya for defendant no. 4 present.
Reply filed by defendant no. 4 to NM no. 2744/19.
The Ld. Advocate for the plaintiff seeks time for hearing on NM.
Adjourned for hearing on NM to 14.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Matter is called at 12.42 p.m.
None present
In view of the advisory and guidelines of the Hon\''ble High Court related to Corona Virus, the matter is adjourned to 29/06/2020 at 2.45 pm for dismissal of N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Due to Covid-19, the matter is adjourned to 06.02.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. H. Rahman for plaintiff present.
Adv. Fernandes for deft. no.4 present.
None for deft. nos.1 and 3.
The N/M of deft. no.1 is kept for dismissal.
The matter is adjd for dismissal of N/M to 24.03.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Rahman for plaintiff present.
Adv. Mugdha Mody for deft. no.1 present.
Adv. Fernandes for deft. no.4 present.
Adv. for deft. no.1 filed application for removing the caption of dismissal of N/M.
O. - Read application. In the interest of justice, order of dismissal of N/M is called back.
ORDER IN N/M NO.2744/19
Heard. By this N/M, the deft. no.1 seeks leave of the court to tender written statement on record by condoning the delay.
Ld. counsel for deft. no.1 submitted that the deft. no.1 is based at Mahuva, District Bhavnagar, Gujarat. The advocate appeared on 28.09.2018 on behalf of deft. no.1 and deft. no.1 was directed to file written statement on 23.01.2019. He was unable to brief the advocate as his advocate is based at Mumbai and therefore, the written statement could not be filed within the stipulated time and hence, there is delay of 39 days.
Ld. counsel for plaintiff submitted that the delay is of 196 days. The deft. no.1 has not given sufficient cause for delay and therefore, the N/M needs to be rejected.
No doubt, there is considerable delay in filing written statement. The reason assigned by the deft. no.1 for delay appears to be just and reasonable. Apart from that, the matter is not cropped up for effective hearing. There should not be hyper-technical and pedantic approach in dealing with such type of N/M. Substantial rights of the parties are involved. No prejudice would be caused to the plaintiff, if defence of deft. no.1 is taken on record. It would be in the interest of the parties, if the matter is decided on merits. The inconvenience caused to the plaintiff due to the delay in filing the written statement can be compensated by imposing reasonable cost. Hence, it is expedient to pass the following order.
ORDER
1. N/M No.2744/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.2,500/- to be paid by deft. no.1 to the plaintiff within a period of four weeks from today.
2. On payment of cost, written statement of deft. no.1 be taken on record.
Nature Of Disposal: ALLOWED
Disposal Date: 24-03-2021
