Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
The matter is adjd for N/M hearing to 26.02.2020.
Judge
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