Date: 26-09-2019
Business: Adv.Pankaj Shah for plaintiff present.
Adv.Anis Patole for defendant present.
Ld.Counsel for defendant filed registered N/m along with affidavit.
Reply filed by the plff to N/m.
Copies given to the defendant.
Adjd.for N/m hearing on 05.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-11-2019
Date: 06-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Adv. Anish Patole for defendant present.
On the request of Ld. Counsel for deft matter is adjourned.
Matter adjd for NM hearing on 04/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 04-02-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: None for plaintiff.
Adv. Ketan Yadav for defendant present.
Heard ld Adv for defendant.
Matter adjd for NM hearing of plaintiff to 20-04-20 at 2.45 pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 06-03-2020
Business: None for plaintiff.
Adv. Ketan Yadav for defendant present.
Heard ld Adv for defendant.
Matter adjd for NM hearing of plaintiff to 20-04-20 at 2.45 pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Nobody present.
Adjd for NM hearing to 16/04/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None for plaintiff.
Adv. Ketan Yadav for deft. present.
The matter is adjd for hearing on N/M no.3061/19 to 26.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present.
The matter is adjd for N/M hearing to 06.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 26-08-2021
Business: None present.
The matter is adjd for N/M hearing to 06.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: None for plaintiff.
Adv. Samarth Patel for deft. present.
Heard Adv. For deft. on N/M No.3061/19.
Plaintiff and his advocate are absent. N/M is pending for hearing since 26.09.2019. Therefore, I shall proceed to decide it on merits.
ORDER ON N/M NO.3061/19
This N/M is taken out by deft. praying to condone delay of 120 days in filing written statement.
It is submitted on behalf of deft. that he received writ of summons on 04.10.2018. After receipt of writ of summons, he required some time for appointment of an advocate. During Diwali vacation and due to religious function, his advocate was not available till 20.12.2018. Thereafter, he was out of India till 16.01.2019. Matter proceeded ex-parte by the order dated 16.01.2019. Defendant submits that delay caused in filing written statement was not deliberate. He has good case on merits. He prayed to condone the delay in filing written statement.
In reply affidavit, plaintiff has denied all the avernments in the N/M. It is submitted that defendant was served with writ of summons on 04.10.2018 and N/M is taken out by deft. on 05.03.2019. There is delay of four months in taking out N/M. The explanation offered by defendant for condoning the delay in filing the written statement is totally baseless. Deft. has not filed on record documents to support the contents in the affidavit. N/M is moved on false and frivolous grounds. By making these submissions in reply affidavit, plaintiff prayed to reject the N/M.
Considered the submissions of both the sides. Deft. submitted that during Diwali vacation and thereafter, due to religious function, his advocate was not available. He was out of India till 16.01.2019. Deft. has given sufficient cause for delay in filing the written statement. Considering the principles of natural justice, it would be expedient to allow the deft. to file written statement. However, Court cannot ignore the fact that delay in filing the written statement, caused delay in the hearing of the suit. Therefore, while allowing the N/M, Court would be well justified in saddling costs to deft. In the result, following order.
ORDER
1. N/M No.3061/2019 is allowed in terms of prayer clause (a) and (b) subject to depositing of costs of Rs.3,000/- payable to plaintiff till next date.
2. On depositing costs, written statement be taken on record.
3. N/M No.3061/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-09-2021