Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
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