Date: 20-09-2019
Business: P.O. Is on leave. Adjd to 19/12/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Vira for plaintiff present.
Adv. Vivek Tripathi for defendant present and filed register motion No.4049/19.
Plaintiff file reply on NM tor.
Matter adjd to 09/03/2020.
LO
At 03.30 pm.
On the request of adv. of JD the matter is taken up though it was already adjd.
The learned Adv. Bindu Pandy requested to continue the stay order as granted vide order dated 10/10/2019 as noted in the roznama. The learned Adv. Kiran Ravat on behalf of decree holder resisted to it contending that the condition of depositing the reasonable amount has not been complied with by the JD.
As the condition of depositing reasonable amount has not been complied with by judgment debtor, stay cannot be extended. Hence the request to continue the stay is rejected.
Matter adjd to 09/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Roznama of another proceeding was uploaded. Actually this process is on today\''s board. The advocate for the defendant is also present in this proceedings. Hence, on today\''s board.
None for plaintiff.
Adv. for defendant filed registered NM 3491/19 @ affidavit.
Adjd for service of NM to 19-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present.
Adjd to 18-02-2021
Next Purpose: SERVICE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv. Nair for plaintiff
None for defendant.
Adv. For plaintiff filed his reply on NM 3491/19 on itself.
Adjd to 23-02-2021 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff
Adv. Batul for defendant
Adjd for NM hearing to 10-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Nair for plaintiff
Adv. Batul for defendant
Heard arguments on behalf of both parties on NM 3491/19.
ORDER
By Notice of Motion 3491 of 2019 the defendant requested to set aside Ex-parte order dtd.25-03-2019 and accept his vakalatnama on record which was already filed on 26.09.2018 prior to 25.03.2019. The plaintiff resisted the Notice of Motion. The adv of the plaintiff argued that at the most subject to deposit of the suit amount of Rs.80,000/- he has no objection to allow the notice of motion. As per the Affidavit of service of summons the summons was served on the defendants in September 2018. Exact date of service of summons is not available as the acknowledgment cards do not contain the date of service of summons. However, the returnable date on the acknowledgment cards as it appears from the seal on the acknowledgment card is 23.10.2018. As already mentioned the defendants filed vakalatnama on 26.09.2018. It is clear that the summons was served in september prior to 26.09.2019. The defendants were supposed to appear within 10 days of service of summons. At the most there has been delay of 16 days to appear before the court. Considering the quantum of delay it will not be proper to impose the condition of deposit of the whole of the suit amount to set aside the Ex-parte decree. On the other hand in the interest of justice to give an opportunity to the defendants to appear in the suit and put his contentions and considering the quantum of delay it is just and proper to set aside the Ex-parte order by accepting the Vakalatnama on record subject to cost of Rs.1000/- to be paid by the defendants to the plaintiff.
Hence, the Notice of Motion 3491 of 2019 is allowed and the Exparte order passed agaisnt the defendants is set aside and the vakalatnama be accepted on record subject to cost of Rs.1000/- to be paid by the defendants to the plaintiff.
Adjd for taking steps to 16-07-2021
Nature Of Disposal: ALLOWED
Disposal Date: 10-03-2021
