Final Order 1

Order Details: Other
Pdf Text: 16.07.2019
St. 5270/19
Exh.2
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Jitendra Tiwari for Plaintiff present.
Draft NM filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy be given to other side.
Plaintiff sought time to remove office objection.
Four weeks time is granted to remove office objection.
Time is extended for registration of earlier draft NM.
Adv. Rehana Nulwalla h/f Adv. R.V.Singhvi appeared for defendant.
K.B.
L.O.
Ex.2 Adv. Urvika Shah I/b M/s Lex Services filed V/n for defendant t.o.r.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiff on draft NM.
Order below draft Notice of motion.
Perused draft Notice of motion, affidavit in support of it and reply of Plaintiff.
Heard respective counsel for parties.
Draft Notice of motion is taken out by the defendants to condone the delay caused
in filing written statement and to take written statement on record.
It is contended that because of engagement of defendant in mediation process,
written statement could not be filed within the period of 30 days and prayed in
above terms.
Plaintiff opposed draft Notice of motion on the count that delay caused is
intentional.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific
circumstances the WS can be accepted with reasons. It is also held that in an
adversarial system, no party should be denied an opportunity in participation of
the justice dispensation system (Salem Bar Association V/s Union of India (2003
AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
In view of above legal position, I consider present draft Notice of motion.
It appears that defendants appeared through their Advocate on 03.05.2019 and on
the same day matter was referred for mediation report. Report of mediation is yet
not received. Reason assigned by the defendants is sufficient to condone the delay
caused in filing of written statement. Moreso, it cannot be said that delay caused is
deliberate and inordinate. Therefore, I am inclined to allow draft Notice of motion.
However, considering the conduct of defendants, certain costs is required to be
imposed upon them. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause
(a) subject to payment of costs of Rs.500/ by the defendants to the Plaintiff within
the period of one week. They are at liberty to deposit costs payable to the Plaintiff
in Court.
2. On payment of costs, written statement of the defendants to be taken on record.
3. Draft Notice of motion be registered for statistical purposes.
Accordingly, draft NM is disposed off.
Adj for NM reply to 19.08.2019.
Judge
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