Date: 19-10-2019
Business: Advocate S. K. Dubey for Plaintiff present
None present for Defendant.
As Defendants have not filed Written Statement today, suit to proceed for no Written Statement order.
Case is adjourned to 06/01/2020 for no Written Statement order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Advocate for Plaintiff present
None present for Defendant.
K.B.
L.O.
Advocate Ms. S. K. Dubey for Plaintiff present and submitted that Plaintiff is not intending to file reply to the NM as only 48 days delay is caused in filing Written Statement by Defendant.
Advocate Mr. Satle for Defendant present
ORDER ON NM NO.3500/19
This Notice of Motion is taken out by Defendant for condoning delay of 48 days caused for filing Written Statement. As mentioned in affidavit filed in support of Notice of Motion the delay was caused in filing Written Statement as some details and clarifications were sought from Defendant. Thereafter, the draft was given for approval to Defendants. Again Defendant nos.2 and 3 made certain suggestions and thereafter Written Statement was finalized. As such the delay was beyond the control of Defendants and it was not intentional one.
Plaintiff has not strongly resisted Notice of Motion hence considering contentions raised in the affidavit filed in support of Notice of Motion I find that Defendants have made out reasonable ground to condone the delay caused in filing their Written Statement. Hence I proceed to pass following order-
ORDER
Notice of Motion No.3500 of 2019 is made absolute in terms of prayer clause (a), subject to cost of Rs.1000/- to be paid to Plaintiff. It is made clear that, Written Statement of Defendant nos.1 and 2 will be accepted after they will pay cost amount to Plaintiff.
Case is adjourned to 28/02/2020 for compliance/paying cost by Defendant no.1 and 2 to Plaintiff.
Nature Of Disposal: ALLOWED
Disposal Date: 06-01-2020