Final Order 1

Order Details: Other
Pdf Text: Case No. :NOTICE OF MOTION/0103235/2019
Bank of Baroda Vs Ameesh Rakesh Shukla And Ors
Date : 26082021
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 exparte
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
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for their nonappearance 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 exparte 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 nonappearance 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 : 26082021
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