Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103061/2019
K. K. Welding Ltd Vs Impex Engineering and Equipments Company
Date : 06092021
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 exparte 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
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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 : 06092021
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