Date: 17-01-2020
Business: Adv. Hingu for plaintiff present.
Deft. nos.3 and 4 present.
Adv. Joglekar for deft. nos.5 to 17 present.
Adv. Joglekar tendered registered N/M no.4199/19 and 4214/19. T.O.R.
COMMON ORDER IN N/M NO.4199/19
AND N/M NO.4214/19
Heard.
The Ld. Counsel for the deft. nos.16(A) and 16(B) submitted that these defendants were not aware about the procedure. They came to know about their name as defendants around April 2019. Their earlier advocate did not return the documents. They appointed new advocate and after obtaining certified copies of the proceedings, they have filed the N/M\''s. They submit that the delay is not deliberate and intentional.
Ld. counsel for plaintiff opposed the N/M on the count that the defendants have not made out sufficient cause for delay. The reasons are not supported by any material.
The matter was not cropped up for evidence. It was for hearing of N/M of the plaintiff. Substantial rights of the parties are involved. The contention of the deft. nos.16(A) and 16(B) on oath that they were not aware about the proceedings cannot be disbelieved when there is no otherwise material to counter the same. There should not be hyper-technical and pedantic approach in dealing with such type of motions. It would be in the interest of the parties if the defendant nos.16(A) and 16(B) are permitted to participate in the proceedings by putting their defence. In the interest of justice, both these motions need consideration. Hence, it is expedient to pass the following order.
ORDER
1. N/M No.4199/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.5,000/- to be paid to the plaintiff within a period of two weeks from today.
2. N/M No.4214/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.5,000/- to be paid to the plaintiff within a period of two weeks from today.
3. Payment of cost is subject precedent.
4. On compliance of the order, written statements be taken on record.
5. N/M No.4199/19 and N/M No.4214/19 are disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 17-01-2020
