Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Kaustubh Patil for the plaintiff present.
Adv. Jain for defendant present.
The Ld. counsel for the defendant tendered registered NM 3883/19. TOR.
Say filed by the plaintiff on NM no. 3883/19.
Heard Ld. Advocate for the defendant no. 1 and plaintiff on Notice of Motion No. 3883/2019.
Order on Notice of Motion no. 3883/2019
This Notice of Motion is tendered by the defendant for setting aside without written statement order.
Heard. Perused the record. The Ld. counsel for the defendant submitted that the Maharashtra Real
Estate Regulatory Authority has passed order dated 6.09.2018 thereby directed to plaintiff to hand
over the possession of the flat to the defendant by 31.12.2018. On 17.10.218 the counsel for the
defendant had produced the said order and the Ld. Advocate for the plaintiff submitted that the
plaintiff wants to withdraw the present suit and matter was adjourned several dates for withdrawal.
On 15.2.2019 the Ld. Advocate for the plaintiff made the statement that the plaintiff dose not wish
to withdraw the suit and according to him the copy of plaint and annexures are served upon the
defendant. The Ld. Advocate for the defendant submitted that the defendant instructed the
advocate to proceed to drat written statement in the matter. Due to various reasons the defendant
was unable to provide papers and some proceedings. The matter was adjourned on 26.7.2019 and
on that day the court passed the order to proceed without written statement and therefore in the
interest of justice NM be allowed.
The Ld. Advocate for the plaintiff strongly objected to the NM on the count that sufficient cause for
delay has not been assigned. There is considerable delay.
The copy of the plaint and annexures were supplied to the defendant on 15.2.019. Thereafter there
was considerable time for the defendant to file written statement. The Ld. counsel for the
defendant submitted on oath that due to some reasons he could not provide the documents and
relevant information to his counsel to draft the written statement and therefor the counsel could not
prepare written statement. The reason appears to be just and reasonable. Be that as it may, there
should not be hyper technical and pedantic approach in dealing with such type of motion. The
matter is at the initial stage. No prejudice will be caused to the plaintiff if the written statement is
taken on record and it would be in the interest of the parties if the matter is decided on merit.
Considering the same Notice of Motion needs consideration. Hence it is expedient to pass
following order.
ORDER
1. Notice of Motion no. 3883/2019 is made absolute in terms of prayer clause (a) and (b) subject to
costs of Rs. 2,500/- to be paid by the defendant to the plaintiff.
2. Payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly
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The Ld. counsel for the plaintiff submitted that the costs is received. As the order is complied the
written statement is taken on record. Copy of written statement is served to the counsel for the
plaintiff.
Written statement.
Adjourned for reply to NM no. 3881/19 to 14.1.2020.
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