Date: 26-09-2019
Business: None present for plaintiff.
Adv. Bhate for defendant nos. 2 and 3 present.
Registered NM 3627/2019 tendered by defendant no. 2 and 3.
Adjourned for reply to NM by the plaintiff to 26.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Gole for plaintiff present.
Adv. Aditi Harsha for deft. nos.2 and 3 present.
Heard.
ORDER IN N/M NO.3627/19
Ld. counsel for deft. nos.2 and 3 submitted that the dispute is adjudicated by the Special Court constituted under Maharashtra Co-Operative Societies Act and the same is pending before Co-Operative Court. The delay in filing W/S is not deliberate and intentional and prayed for condoning it.
The Ld. Counsel for plaintiff objected the prayer for condoning the delay and submitted that in case, court allows this N/M, heavy cost be saddled on the defendants.
The matter was not cropped up for evidence. The substantial rights of the parties are involved. There should not be hyper-technical and pedantic approach in dealing with such type of motions. Hence, it is expedient to pass following order.
ORDER
1. N/M No.3627/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.3,000/- to be paid to the plaintiff society within a period of three weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, the W/S be taken on record.
4. N/M No.3627/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 09-01-2020
