Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
The matter is adjd for compliance to 19.03.2020 at 02.45 pm.
Judge
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