Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Bhandari for plaintiff present.
Adv. Kakade for deft. nos.1 to 4 present.
Adv. Babu for deft. no.5 present.
ORDER IN N/M NO.4771/19
Heard. By this N/M, the deft. no.5 seeks leave of the Court to file written statement by condoning
delay of 97 days. The deft. no.5 contended that affidavit in support of N/M was served on
02.07.2019 to this defendant. Accordingly, papers were handed over to Adv. Bhat. It was informed
by Adv. Bhat that whenever he would prepare the written statement, he will call concerned person
of deft. for instructions but due to busy schedule, he could not prepare written statement. He has
given the draft of written statement on 16.09.2019. The managing committee met and discussed but
could not take decision to contest the matter. In that background, there is delay of 97 days.
Ld. counsel for plaintiff opposed the N/M on the count that the reason assigned are not plausible.
The delay is not properly explained and in case, the Court condones the delay, the cost be saddled
upon the deft. no.5.
Deft. no.5 is a co-operative society and decision of it are taken by the managing committee.
Therefore, there appears delay in filing the written statement. Be that as it may, in such type of
motions, there should not be hyper-technical and pedantic approach. The substantial rights of the
parties are involved and in the interest of justice, this N/M needs consideration. No prejudice would
be caused to the plaintiff and for the delay, plaintiff can be compensated by appropriate cost. Hence,
it is expedient to pass the following order.
ORDER
1. N/M No.4771/19 is made absolute in terms of prayer clause (a) subject to payment of cost
Rs.2,500/- to be paid to the plaintiff or his counsel within a period of four weeks from today.
2. Payment of cost is subject precedent.
3. N/M No.4771/19 is disposed of accordingly.
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