Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Mr. R. A. Shaikh with Swati Mandke for Plaintiff present Advocate Mr. Yadav for Defendant
no.1 to 7 present Son of Defendant no.8 present and requesting to keep the matter back. L.O. Same
appearance. Advocate for Defendant no.8 absent. ORDER ON NM 3540/19 This Notice of Motion
is taken out for condonation of delay caused for filing Written Statement of Defendant no.8 Bharat
Maniyar however on perusal of Notice of Motion it is noticed that said Notice of Motion is taken
out by advocate Mr. Khan Javed Akhtar showing him as advocate of Plaintiff. Even though, it may
be typed mistake, it is a serious mistake, because in future anyone will have to impression that
Plaintiff will have requested the court to condone the delay caused for filing Written Statement by
Defendant no.8 and there will be impression that Plaintiff has requested the court to accept Written
Statement of Defendant no.8. Inspite of calling out advocate for Defendant no.8 since 3.00 p.m. till
4.40 p.m., advocate for Defendant no.8 has not turned to the court and representative of Defendant
no.8 is repeatedly said that his advocate is going to come to this court. In such circumstances, I find
that Notice of Motion no.3450/19 is necessary to be dismissed. Hence, Notice of Motion
no.3450/19 stands dismissed/disposed off. It is made clear that, if, Defendant no.8 will file fresh
Notice of Motion for condonation of delay leave will be granted by the court. Advocate for
Defendant no.1 to 7 submitted that Defendant nos.1 to 7 will take necessary steps for setting aside
exparte order passed against those Defendants. Considering submissions adjourned. Case is
adjourned to 05/03/2020 for hearing of Notice of Motion no.705/19.
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