Date: 23-09-2019
Business: Adv. Pradeep Singh for plaintiff present.
Adv. Ashish Singh for defendant no. 1 present.
Adv. S. P. Wakode for d-2 and filed original NM no. 2404/19.
Matter stands Adj for reply to 18.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Padeny for plaintiff present.
Adv. Pathak for defendant no.1 present.
Ld. counsel for the plff. submitted that counsel for the deft.no.2 has taken on the N/M, but has not served the copy on the plff. Hence, Ld. counsel of deft.no.2 is directed to supply the copy of N/M upon the plff.
Matter stands Adj for compliance / reply on 04.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Prajapati for plaintiff present and submitted that compliance has been made.
None present for defendant.
Court is busy in dictating order in suit no. 2063/17 and 2064/17. Hence, board is discharged.
Matter stands Adj for reply to NM on 01.04.2020.
Next Purpose: REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 09.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present.
The case is adjourned to 18.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Advocate Prajapati for plaintiff present and tendered application for adjournment. TOR and marked as Exh.11.
O- Considering reason time is granted.
Advocate Ashish Singh for defendant no. 1 present.
Advocate S.P.Wakode for defendant no. 2 present.
The case is adjourned to 27.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 03.30 p.m.
Adv. Ranjeet Prajapati h/f H. P. Pandey for plaintiff present.
Adv. Pooja Shivtarkar for Deft. No.1 present.
Adv. S. P. Wakode for Deft. No.2 present.
By consent, matter stands adjourned to 05.01.2022 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Matter mentioned at 3.23 p.m.
Adv. H. P. Pandey for plaintiff present.
Adv. Iftekhar Sayed h/f Adv. Rajesh Singh for Deft. No.1 present.
Adv. H. Jagtap for Deft. No.2 present.
It appears that Deft. No.2 filed NM No.2404/19 for condonation of delay in filing WS. Inspite of repeated directions, he failed to supply the copy to the plaintiff. Hence, plaintiff till date did not filed reply to it. In order to grant one opportunity, time is granted by way of last chance. Deft. No.2 is directed to supply copy of NM to the plaintiff within a period of one week from today.
In the event of failure to comply the order, NM shall be dismissed for want of prosecution.
In the event Deft. No.2 served the copy to the plaintiff, the plaintiff is directed to file reply with advance copy to the other side.
In the event of failure to file reply, the NM will be heard without reply of the plaintiff.
Matter stands adjourned to 10.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Matter called out at 3.06 p.m.
Adv. H. P. Pandey for plaintiff present.
Adv. Rahul Singh a/w Adv. Pooja for Deft. No.1 present.
Adv. S. P. Wakode for Deft. No.2 present.
Heard both the sides on NM No.2404/19.
Deft. No.2 seeking condonation of delay of 639 days in filing WS. The motion is vehemently opposed by the plaintiff on the ground that there is absolutely no sufficient cost assigned and delay has not been explained. At the same time, Ld. Advocate for plaintiff fairly conceded by imposing reasonable cost, delay can be condoned.
It is not in dispute that, Deft. No.2 is appearing since 25.02.2016, since then, no steps were taken though he has actively participated in the proceedings. The reason assigned for condonation of delay is inadvertent mistake. Looking to the above circumstances, in the interest of justice and to avoid multiplicity of proceedings which ultimately will cause delay in the main suit, the NM can be allowed subject to payment of cost of Rs.10,000/- to be payable by Deft. no.2 to the plaintiff within a period of one month from the date of order. It is made clear to the defendant that no further adjournment will be granted as the matter is for cross-examination.
Plaintiff is also directed to supply necessary proceedings to the defendant so that further delay can be avoided.
Thus, in view of that I proceed to pass the following order.
1. NM No. 2404/19 is allowed in terms of prayer clause (a) and (b) subject to payment of cost of Rs.10,000/- to be payable by Deft. no.2 to the plaintiff within a period of one month from the date of order
2. After the payment of cost, WS can be taken on record.
3. Costs in cause.
4. NM No.2404/19 is disposed of accordingly.
Matter stands adjourned to 14.06.2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 30-03-2022