Date: 14-10-2019
Business: Adv. Nilesh Bamne for Plaintiff present.
Adv. Tripathi for Defendant nos. 1a None for Deft. 2 tendered registered motion no. 3235/19.
Copy served on other plff.
Application filed by plff. - Re-issue summons for deft.no 3.
Matter is adjd.for reply on NM and summons to deft
no.3 on 06.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Court is Vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv Nilesh Bambane for plaintiff present.
None for defendant.
Matter adjd for NM hearing to 03-04-2020 at 2.46 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Nilesh Bamne for plaintiff present.
Adv. R. S. Tripathi for defendant No. 1 and 2 present and seeks time.
Adjd for NM hearing to 01/03/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: None for plaintiff
Adv. R. S. Tripathi for defendant No. 1 and 2 present.
Adjd for NM hearing to 11/06/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None for plaintiff.
Adv. R.S. Tripathi for deft. nos.1 and 2 present.
Heard arguments of Adv. For deft. nos.1 and 2 on N/M no.3235/19.
K.B.
L.O. at 03.30 pm.
Adv. Nilesh Bamne i/b. M/s. A.R. Bamne and Co. for plaintiff present.
Deft. no.2 present.
Heard arguments of Adv. For plaintiff on N/M no.3235/19.
ORDER ON N/M NO.3235/19
This N/M is taken out by deft. nos.1 and 2 praying to set aside ex-parte order dated 03.06.2019. It is submitted on behalf of deft. nos.1 and 2 that plaintiff took out writ of summons on 17.12.2018 and summons were returnable on 14.01.2019. Summons were made returnable with a very short period in contravention of City Civil Court Rules. It is further submitted that deft. nos.1 and 2 were in touch with the plaintiffs bank manager. Deft. nos.1 and 2 have deposited installments in the bank after filing of the suit. In July 2019, deft. no.2 came to know from the Bank Manager regarding present suit. Thereafter, deft. no.2 contacted his advocate and attended the Court on 08.07.2019. Deft. nos.1 and 2 were under bonafide and reasonable belief that accounts would be regularized and therefore, there was delay in taking out present N/M for recalling the order dated 03.06.2019. By making these submissions, deft. nos.1 and 2 prayed to set aside ex-parte order dated 03.06.2019.
Plaintiff resisted the N/M by filing reply affidavit. It is submitted that deft. nos.1 and 2 were duly served with summons on 03.01.2019. They were supposed to file written statement as per Order 8 Rule 1 of C.P.C. But, they failed to file their written statement within stipulated period. Deft. nos.1 and 2 were not having sufficient cause for their non-appearance before the Court. By making these submissions, plaintiff prayed to dismiss the N/M.
Considered the submissions advanced on behalf of both the sides. It is not in dispute that summons to deft. nos.1 and 2 were duly served on 03.01.2019. Those summons were returnable on 14.01.2019. Thereafter on 03.06.2019, Court passed ex-parte order against deft. nos.1 and 2. Roznama further shows that deft. nos.1 and 2 appeared on 08.07.2019. They have filed present N/M on 26.08.2019.
Deft. no.2 was present before the Court. He submits that he has deposited substantial amount in the plaintiff bank after filing of the suit. Ld. Counsel for plaintiff bank fairly conceded that deft. no.2 deposited some amount out of the suit amount after filing of the suit. Deft. no.2 submitted that he was under belief that his account would be regularized after the payments made in the bank and therefore, he failed to appear before the Court. Thus, deft. nos.1 and 2 have assigned good cause for their previous non-appearance before the Court. Considering the peculiar circumstances on record and principles of natural justice, it would be expedient to allow deft. nos.1 and 2 to contest the suit on merits. Hence, following order.
ORDER
1. N/M No.3235/19 is made absolute in terms of prayer clause (b).
2. Deft. nos.1 and 2 are permitted to file their written statement till next date.
3. No order as to costs.
4. N/M No.3235/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 26-08-2021