Final Order 1

Order Details: Other
Pdf Text: 11.10.2019
SU 1595/19
NM
2775/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Avnendra Kumar for plaintiff present.
Adv. Bhushan Vardhaman for defendant present.
Plaintiff present.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it,
reply of plaintiff and roznamas. Heard respective counsel for
parties.
Draft notice of motion is taken out by defendants to set
aside order dated 07.09.2019 and to take their reply to notice
of motion on record. It is contended that defendants could not
file their reply to notice of motion due to paucity of time and
being out of town for marriage function of their relatives, they
could not contact their advocate and instruct him to file reply.
Accordingly, they prayed in above terms.
Plaintiff opposed draft notice of motion on the count that it
is not supported by any document and prayed for dismissal of
notice of motion.
It appears that defendants through their advocate appeared
in the matter on 17th July, 2019 and thereafter matter was
adjourned from time to time for reply for their reply to notice of
motion No.2775 of 2019. On 07.09.2019, notice of motion has
been proceeded without reply against the defendants and it was
posted for hearing on notice of motion to next date. On next
date, defendants took out present draft notice of motion to set
aside impugned order and to take their reply to notice of
motion on record. This fact shows their bona fide. May it be so,
in the interest of justice and fair trial, I am of the view not to
deprive defendants from contesting notice of motion on merits.
Therefore, I am inclined to allow draft notice of motion on
certain costs. Hence, pass following order:
ORDER
1. Draft notice of motion is allowed and made absolute in
terms of prayer clause (a) subject to payment of costs of
Rs.1000/ by defendants to plaintiff within period of one week
from the date of order.
Defendants are permitted to deposit costs payable to plaintiff
in the Court.
2. On payment of costs reply of defendants be taken on record.
Costs paid by the defendants to plaintiff.
Defendants have to file reply to notice of motion No.2775 of
2019 within one week.
Adjd for reply to 17.10.2019
Judge
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