Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
The matter is adjd for compliance to 19.03.2020.
Judge
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