Date: 17-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2020
Date: 30-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to 30/09/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: The Court is on leave. Hence adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Kasar for plaintiff present.
Adv. Jitendra Tiwari for deft. nos.1 and 2 present.
None for deft. nos.3 and 4.
Deft. no.4 has not supplied the copy of N/M and supporting affidavit to counsel for plaintiff.
The matter is adjd for compliance by deft. no.4 to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Kuldip Pawar for plaintiff present.
Adv. Jitendra Tiwari for deft no.1 and 2 present.
Adv. Dubey for deft no.4 present.
None for deft no.3.
Copy of the N/M supplied to counsel for the pltff by advocate for deft no.4.
The matter is adjd for Reply to N/M No.4836/19 and hearing on N/M No.3803/18 to 08.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Manoranjan Sahu along with Adv. Kuldip Pawar for plaintiff present.
Adv. Tiwari along with Adv. Dubey for nos.1 and 2 present.
Adv. Pathak i/b. Adv. S. Singh for deft. no.4 present.
Adv. Chaudhari for applicant in Ch/sum present.
Vakalatnama filed on behalf of applicant by Adv. Chaudhari. O. - Seen and filed.
Ld. counsel for applicant tenders draft Ch/sum. Leave is granted to register.
The matter is adjd for reply on Ch/sum and hearing to 15.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Kasar for plaintiff present.
Adv. Tiwari deft. nos.1 and 2 present.
Adv. Pathak for deft. no.4 present.
Adv. Chaudhari for applicant in Ch/sum present.
Registered Ch/sum no.315/21 tendered by counsel for applicant. T.O.R.
Ld. counsel for plaintiff seeks time to file reply to the Ch/sum no.315/21. Granted.
Ld. counsel for deft. nos.1, 2 and 4 seeks time to file reply on Ch/sum no.315/21. Granted.
Adv. for plaintiff filed say on N/M no.4836/19.
ORDER ON N/M NO.4836/19
Heard. By this N/M, deft. no.4 seeks leave of this Court to file written statement beyond the prescribed period. It is the contention of deft. no.4 that on 15.07.2019, he met deft. no.1 at Mulund railway station who informed him about the present matter. The deft. no.4 thereafter contacted his advocate and advocate apprised him about the proceedings. The deft. no.4 informed his advocate that he has not received the plaint and proceedings in the matter. In-spite of the request of the advocate of deft. no.4 for supply of plaint and proceedings, those were not supplied to him. After appearing in the matter, the advocate noticed that the writ of summons was served on deft. no.4. The deft. no.4 wish to take part in the proceedings, hence prayed for allowing this N/M.
The plaintiff opposed the N/M but no valid ground for opposition is made out and the plaintiff submitted that in case the N/M is allowed, cost be saddled upon deft. no.4.
The matter was at the initial stage i.e. for hearing of N/M tendered by plaintiff when deft. no.4 appeared in the matter and filed this N/M. Still the matter is for N/M hearing and for the reply to the Ch/sum filed by the applicant. Substantial rights of the parties are involved. This Court is a trial Court and deft. no.4 wish to participate in the proceedings which is at the initial stage, therefore, hyper-technical approach should be avoided. It would be in the interest of the parties if the matter is heard on merit. The delay in filing written statement can be cured by imposing cost upon the deft. no.4. Thus, it is expedient to pass following order.
ORDER
1. N/M No.4836/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.3,000/- to be paid to the plaintiffs or their counsel on or before next date.
2. Payment of cost is subject precedent.
Nature Of Disposal: ALLOWED
Disposal Date: 15-02-2021
