Date: 09-09-2019
Business: Adv. Ms. Pushpa Thapa for plaintiff present, prayed for adjd to file reply.
Adv. Mr. Rehan Maumin a/w Adv. Mr. Gharat for defendant no.1 present.
Register NM no. 3020/19 tendered by deft no.1.
Matter is adjd. for reply on 09.10.2019.
Next Purpose: REPLY
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Gayatri Kapse for Plaintiff present.
None for Defendant.
Matter is adjd.for hrg. on n/m to 11.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate Pushpa Thapa for plaintiff is present and filed reply to NM No. 3020/19. Copy served on the defendant.
Advocate Vijay Gharat for defendant is present.
Adjourned for NM hearing to 13.02.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Dharini Jain for plaintiff is present.
Adv. Vijay Gharat for Deft No.1 present.
Arguments heard of both the parties.
Adjourned for order on NM to 13/04/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 03.11.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: P.O. is on leave.
Matter is adjd for N/M Rehearing to 03.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2021
Date: 03-01-2021
Business: Wrongly shown on board.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: NOB.TOB.
Wrongly shown on 03.01.2021 board. Therefore it is taken on today’s board.
Adv. for plff absent.
Adv. for deft Vijay Gharat a/w. Rehan R. Momin present.
Adjd for hearing on 13.01.2021.
Next Purpose: HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Dharini Jain for plff is present.
Adv. Rehan Momin for deft is present.
Heard partly Adv. for the plaintiff. With regard to contents of Para no. 3 of affidavit in support of NM that is regarding acceptance of Rs. 10,000 vide cheque no. 745863, the Adv.for the plff sought for an adjournment.
Heard Adv.for deft also who wants to verify the details of payment of cost.
On oral request of both the advocates matter be kept for hearing on NM on 14.01.2021.
Adjd for NM hearing on 14.01.2021 at 2.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv. Bhansali for plff present.
Adv. Vijay S. Gharat for deft no.1 present.
Order below NM NO. 3020/2019
Perused the NM which is supported by affidavit. The plaintiff/MSRTC has filed the affidavit in reply being executed by Assistant Store Officer V.T. Doiphode.
Heard Ld. Advocates of both the sides.
The main suit is for recovery of damages upon the allegation that sub standard woollen clothes were supplied by the defendant no. 1. The case is already proceeded ex-parte against defendant no. 2. Vide order below NM no. 4777/15 dtd. 20.08.2016, the defendant was permitted to file written statement subject to cost to be paid till next date which was 19.09.2016. It is submitted that the defendant no. 2 has failed to pay the cost of Rs. 10,000/- and the matter was proceeded and even the plaintiff has filed affidavit evidence of PW no. 1 V.T. Doiphode and also the documents. This notice of motion was taken out for granting permission to file WS on record and further to set aside the order dtd. 20.03.2019 wherein no cross order below evidence of PW no. 1 was passed. It is contended on behalf of defendant no. 1 that on 30.12.2017 itself by way of cheque no. 745863 issued in favour of Adv. Mr. Hegde the cost of amount of Rs.10,000/- was paid and the cheque was encashed. The Adv. Bhansali for the plaintiff strenuously urged before me that even if the cheque is encashed, the plaintiffs were not aware that the said cheque was with regard to the cost payment as per order in above referred NM. Be that, as it may , as on date there is no dispute that the previous cost amount by virtue of said cheque was paid and received. In my considered opinion it is the responsibility of both the parties to inform to the Court about the said fact. However, none of them have done so and I do not find any merits in the submission of Ld. Adv.for the plaintiff that as Adv. Hegde used to appear in thousands of matters in MSRTC and therefore, was not aware that it was the cost amount accepted by him. No doubt that the matter is old one but when the cost is accepted after the date of 19.09.2016, it has to be presumed that the plaintiff has received the cost with regard to NM order dtd. 20.08.2016, as no other transactions between the same parties were there. In the midst of the passing of this order the Ld. Advocate for the plaintiff has submitted that it can not be presumed that the cheque amount encashed was with regard to the order NM No. 4777/15. Considering this objection, I am not passing any further order on this Notice of Motion and Adv. for plaintiff is directed to file the details regarding the said fact as well as the Adv. for defendant no.1 also to clarify and make submission in what manner the cost amount is paid. The Adv.for defendant no. 1 has also made a statement at Bar he will be producing relevant bank entries with certificate of the bank.
Matter be kept for further hearing on NM on 23.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv.Dharini Jain for plaintiff is present.
None for defendant.
KB at 2.45 p.m.
LO at 2.55 p.m.
Adv. P.M Bhansali for plaintiff is present.
Adv. Vijay Gharat for defendant no. 1 present.
Adv. for defendant filed pursis T.O.R marked at Exh.24.
O- Seen and filed.
Further Order below NM No.3020/19
In continuation of the Order dtd. 14.01.2021, today the Adv.for defendant no. 1 has filed a pursis Exh.24 stating therein that Cheque No. 2745863 of Rs. 10,000/- dtd.30.12.2017 was handed over to their Advocate on record. Along with the pursis, the defendant has also filed the certified statement issued by Tamilnad Mercantile Bank Ltd. which shows about clearing of said cheque. Vide order in NM No.4777/15, it was allowed subject to the payment of cost and the Bank statement filed by the defendant no. 1 reveals that the cost payment was done on 30.12.2017. The Adv.for defendant no. 1 also submitted that the written statement is ready to also file on record today itself. Hence, in the interest of Justice this Notice of Motion needs to be allowed to grant fair opportunity to the defendant to contest the suit on merits. Hence, I pass the following order -
ORDER
Notice of Motion No.3020/2019 is allowed and made absolute in terms of prayer clause (a) to (d) on the condition that the defendant no. 1 shall file written statement on record today itself and serve the copy of same to the plaintiff.
Notice of Motion is disposed of accordingly.
Adv. for defendant no. 1 filed written statement on record TOR marked at Exh.25.
Copy served to other side.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2021