Final Order 1

Order Details: Notice of Motion
Pdf Text: Advocate Mr. Kale for Plaintiff present and filed reply to NM no.3996/19, t.o.r. None present for
Defendant no.1. Advocate Mr. Rajesh Dikshit for Defendant no.2 present and filed registered Notice
of Motion no.3996/2019 with affidavit in support, t.o.r. ORDER ON NM NO.3996/19 This Notice
of Motion is taken out by Defendant no.2 Society for condoning the delay caused in filing Written
Statement to the suit. Secretory of Defendant no.2 has filed affidavit in support of Notice of Motion
contending that writ of summons was served upon Defendant no.2 on 30/01/2019 and on
20/09/2019 while searching the papers he traced out the copy of plaint and it is noticed that
Defendant no.2 is formal party to the suit and no relief is sought against Defendant no.2 however, to
be on safer side, Defendant no.2 is intending to file Written Statement. Plaintiff no.2 Pranjali
Gaikwad has filed the affidavit of reply and resisted Notice of Motion contending that no proper
reason for condoning the delay is given and if this Notice of Motion will be allowed and Defendant
no.2 will be permitted to file Written Statement it will amount to give a chance to Defendant no.2 to
file Written Statement without getting set aside the ex-parte order dated 25/04/2019 passed by the
Court. Heard advocate for Defendant no.2 and Plaintiff&amp#039s advocate. Considering the
fact that Defendant no.2 has not made prayer for setting aside ex-parte order I find that this Notice
of Motion can not be allowed unless the ex-parte order set aside, hence in my opinion this Notice of
Motion is necessary to be disposed off by giving liberty to Defendant no.2 to file fresh Notice of
Motion for setting aside ex-parte order and for condoning delay caused in filing Written Statement.
Hence, I proceed to passed following order- ORDER Notice of Motion no.3996 of 2019 stands
disposed off/dismissed with the liberty to Defendant no.2 to file fresh Notice of Motion for setting
aside ex-parte order and for condoning delay caused in filing Written Statement. Case is adjourned
to 06/01/2020 for steps to be taken by Defendant no.2.
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