Final Order 1

Order Details: Other
Pdf Text: 30.03.2022
Sr. No.33
SU 313/16
NM 2404/19
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
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 crossexamination.
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.
Judge
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