Date: 14-11-2019
Business: 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
Nature Of Disposal: ALLOWED
Disposal Date: 14-11-2019
