Date: 17-10-2019
Business: None present for plaintiff.
Adv. Patel for defendant present.
Vakalatnama filed on behalf of defendant.
Draft NM along with supporting affidavit of NM and written statement tendered by the defendant. Leave is granted to register.
Adjourned for reply to NM 13.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: ORDER ON N/M NO.3597/19
This N/M is tendered by deft. for setting aside order dated 19.08.2019 and to allow him to file W/S. Heard. Ld. Counsel for the deft. submitted that writ of summons was not served upon to the deft. The plaintiff made attempt to serve deft. despite having knowledge and information that the deft. is staying at Pune. Plaintiff served copy of plaint to Adv. Vikram Suryavanshi of Pune through whom the deft. had given reply to the notice. He would submit that there is no service to the defendant.
Plaintiff has not tendered writ of summons and there is nothing on the record from the side of the plaintiff to suggest that the deft. was duly served. The matter is at initial stage. Substantial rights of the parties are involved. No prejudice would be caused to the plaintiff, if W/S of deft. is taken on record. Deft. has made out sufficient cause for delay. Hence, it is expedient to pass following order.
ORDER
1. N/M No.3597/2019 is made absolute in terms of prayer clause (A).
2. W/S filed by the defendant is taken on record.
3. N/M No.3597/2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-12-2019
