TrustJury record updated 24 Sept 2026
Date: 05-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: ORDER ON N/M NO.4593/19
This N/M is tendered on behalf of deft. nos.2, 5 to 7 for taking their W/S on record. Heard Ld. Counsel for deft. nos.2, 5 to 7. Although, the plaintiff was present but she has not argued on this N/M and had left the court. On 04.12.2019, on the date of tendering this N/M, CA of plaintiff orally opposed the N/M on the count that as per the direction of Hon\''ble High Court, the matter is required to be proceeded as on the stage, it was.
Ld. counsel for the deft. submitted that the Predecessor of this court has allowed the N/M no.3464/18 and permitted deft. nos.2, 5 to 7 to file W/S. The order was passed on 02.02.2019 and kept for compliance on 15.02.2019. On 15.02.2019, the plaintiff has filed application (Exh.46) for stay of order and submitted that plaintiff has filed writ petition challenging the order dated 02.02.2019. Ld. Counsel for the defts. submitted that W/S be taken on record. He would submit that the copy of W/S was tendered to CA of the plaintiff. The plaintiff has preferred writ petition against the order dated 02.02.2019 but till date, failed to obtain any stay on the operation of order dated 02.02.2019. He would submit that the copy of W/S was duly served to the plaintiff but the original could not be tendered on record due to the objection of the plaintiff. Plaintiff has annexed the copy of W/S in the writ petition which is pending before the Hon\''ble High Court. He would submit that due to constant objection of the plaintiff, the W/S could not be placed on record. Meanwhile, defendants have changed their advocate and the brief was returned. He would submit that in transit, the W/S dated 23.02.2019 has been misplaced. He would submit that the hearing of the present case has been expedited by the Hon\''ble High Court. These defendants wish to file the reconstructed W/S and in the alternative, wish to file afresh W/S.
The record speaks that the copy of W/S was supplied to the plaintiff on 15.02.2019. Even, it appears that the said copy of W/S has been annexed to the writ petition by the plaintiff. Roznama speaks that on
15.02.2019, the CA of the plaintiff has moved an application for stay of an order dated 02.02.2019. Again he moved an application on 01.04.2019 for stay of the suit. On 24.06.2019, the CA of plaintiff pressed for stay of the proceeding. The matter was adjourned for compliance. On 25.09.2019, again application for stay of proceedings was filed by the plaintiff. Similar submission was made about filing of the Writ petition by CA of plaintiff on 22.10.2019. On 21.11.2019, the application (Exh.46 and 47) were heard and placed for order. Therefore, matter was preponed as per direction of Hon\''ble High Court for early hearing. It appears that the defendants nos.2, 4 to 6 were granted permission to file W/S by order dated 02.02.2019. It appears that they have affirmed the W/S, the copy which is annexed with this N/M. But, the same was not tendered on the record. It appears that the defendants were granted opportunity to contest the matter on merit. The defts. have prepared their W/S and same could not have been filed on the record although the copy of which was supplied to the plaintiff. In these circumstances, the contention of the defendants made on oath that in transit or while returning the brief to the other advocate, the W/S was misplaced appears to be acceptable which is not challenged by the plaintiff. The substantial rights of the parties are involved and therefore, for the technicalities, parties should not be denied the opportunity to present their case. Hence, this N/M needs consideration and it is expedient to pass following order.
ORDER
1. N/M No.4593/2019 is made absolute and written statement affirmed on 02.12.2019 on behalf of defendant nos.2, 5 and 6 is taken on record.
2. These defendants are further directed to supply the copy of earlier affirmed written statement.
3. N/M No.4593/2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-12-2019Filing Number: 113476/2019 Filing Date: 04-12-2019 First Hearing Date: 05th December 2019 Decision Date: 06th December 2019 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Order Details: Notice of Motion Pdf Text: None for plaintiff. Adv. Mr. Pathak h/f. Adv. Mr. Rajesh Singh for deft. nos.2, 5 to 7 present. ORDER ON N/M NO.4593/19 This N/M is tendered on behalf of deft. nos.2, 5 to 7 for taking their W/S on record. Heard Ld. Counsel for deft. nos.2, 5 to 7. Although, the plaintiff was present but she has not argued on this N/M and had left the court. On 04.12.2019, on the date of…
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