Date: 21-11-2019
Business: Plaintiff present.
Defendant no. 1a present.
Defendant no. 4 present.
Adv. Mayuri Tawde for defendant no. 1(a) to 1(c) present and tendered registered NM 4300/19.
Adjourned for reply to NM to 8.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Pawar for plaintiff present.
Adv. Tawde for deft. nos.1(a) to 1(c) present.
None present for deft. no.4.
Say filed by plaintiff on N/M no.4300/19.
The matter is adjd for N/M hearing to 10.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Pawar for plaintiff present.
Adv. Mayuri Tawade for deft. no.1(a) to 1(c) present.
Adv. Khandeparkar for deft. no.4(a) and 4(b) present.
ORDER BELOW N/M NO.4300/19
This N/M is tendered by deft. no.4(a) and 4(b) for condoning the delay and taking W/S on record. Heard. Ld. Counsel for deft. no.4(a) and 4(b) submitted that writ of summons was received but the attachment to the plaint were not received. The deft. no.4(a) was having some health problem and the advocate was also in some personal difficulty due to Diwali festival and vacation hence there is delay of 29 days in filing W/S. These defts. prayed for allowing N/M.
The N/M is objected by plaintiff on the count that since there is delay, cost may be imposed.
There is nothing on record to show that deft. no.4(a) and 4(b) earlier objected that they have not received the attachment with the plaint. The medical certificate to show that deft. no.4(a) was unwell is also not annexed. In this backdrop, the contentions raised by the deft. no.4(a) and 4(b) do not appear to be justifiable.
Be that as it may, the substantial rights of the parties are involved. The technicalities cannot be pitted against the substantial rights. No prejudice would be caused to the plaintiff if W/S of deft. no.4(a) and 4(b) is taken on record. There should not be hyper-technical and pedantic approach in dealing with such type of motion, hence it is expedient to pass the following order.
ORDER
1. N/M No.4300/2019 is made absolute in terms of prayer clause (a) subject to cost of Rs.1,000/- to be paid by deft. no.4(a) and 4(b) to the plaintiff within a period of two weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, the W/S be taken on record.
4. N/M No.4300/2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 10-02-2020
