Date: 13-11-2019
Business: None present for plaintiff.
Adv. Akshita Jain for defendant present.
The Ld. Advocate for the defendant tendered registered Notice of Motion nos. 3724/19 and 3654/19
Adjourned as a last chance for reply of plaintiff on Notice of Motions to 8.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None for plaintiff.
Adv. Ms. Akshita Jain for defts. present.
Plaintiff has not filed reply to N/M no.3724/19 and 3654/19. Both the N/M to proceed without reply of plaintiff.
L.O.
After passing this order, the counsel for plaintiff Ms. Firoza Shaikh appeared and argued the N/M.
COMMON ORDER ON N/M NO.3724/19 AND 3654/19
The N/M no.3724/19 is tendered by deft. for condoning the delay and taking the W/S on record. N/M no.3654/19 is tendered for taking the reply of defendants to N/M no.283/19. Ld. Counsel for defts. submitted that the defendants could not tender the W/S as the N/M was served through private service through advocate of the plaintiff. The said papers got mixed with other papers. In the month of August 2019, the defendants found those papers and approached the advocate. Meanwhile, court proceeded without reply of the defendants.
The Ld. Counsel for plaintiff objected on the ground that sufficient cause has not been made out.
The reason assigned by the defendants does not appear to be justifiable. The stage in the matter is at the preliminary stage. Substantial rights of the parties are involved. There should not be hyper-technical and pedantic approach in dealing with such type of motion. In the interest of justice, both the N/M need consideration, hence it is expedient to pass the following order.
ORDER
1. The N/M No.3654/19 and N/M No.3724/19 are made absolute in terms of prayer clause (A) in both the motions subject to cost of Rs.2,000/- to be paid to the plaintiff within two weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, reply and W/S be taken on record.
4. The N/M No.3654/19 and N/M No.3724/19 are disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 08-01-2020
