Final Order 1

Order Details: Other
Pdf Text: 29/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
23 CA
SU 124/19
Adv Mr. Vivek Agrawal present for plff. and filed application
on affidavit in Ch/s No.443/2020 to allow the plff to publish
notice of Ch/s in Newspaper for substituted service on
respondent Nos.1 and 3. The affidavit of service though is filed
previously, original returned postal envelop is not produced
with said affidavit. Plff to produce original returned postal
envelop.
Adv Ms. Manasi Tipnis i/b Mhatre and Asso. for deft No.1
present.
Adv. for the plff endorsed reply as “allowed subject to cost on
N.M.No.4663/2019”. Heard. It appears that adv. for the plff
has no objection to allow the NM subject to cost. There is a
delay of 271 days in filing written statement by deft No.1.
However it does not appear that the delay is intentional.
Considering the statements made in the affidavit filed in
support of the NM and reply filed by the adv. for the plff, this
Court is of the opinion that interest of justice will be protected
if the delay caused in filing WS by deft No.1 is condoned by
imposing certain cost. Thus N.M.No.4663/2019 is allowed
subject to cost of Rs.1000/-. Deft No.1 shall either pay the
amount of cost directly to the plff or shall deposit it in the
Court on or before next date.
Matter is adjd. for compliance and hearing to 15.11.2021.
Judge
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