Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Sandip Pawar for plaintiff present.Adv. Adjit Ghodge for deft. present.Vakalatnama filed on
behalf of plaintiff. T.O.R.O. - Seen and filed.Adv. for plaintiff tendered registered N/M no.1724/19.
T.O.R.Inadvertently on last date, N/M of deft. is mentioned as draft N/M although he has tendered
registered N/M no.3597/19.ORDER ON N/M NO.3597/19This 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.ORDER1. 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.Written statement.O. - Read and
recorded.Copy of N/M is supplied by plaintiff to deft.The matter is adjd for reply to N/M
no.1724/19 to 20.02.2020. Judge
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