Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
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