Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
Matter adjd for draft issues on 11.03.2021.
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