Mr. Mohammed Shafi QureshiVsM/s. Mithila Developers and Anr.

Date: 30-01-2020
Business: Adv. Narvekar for pltff present.
Adv. Shweta Sharma for deft no.1 tendered register N/M No. 4847/19 t.o.r. say filed by pltff counsel on the overleaf of the N/M.
Order in N/M 4847/19.
Read N/M and say. Heard
The Ld. Counsel for the deft no.1 submitted that deft no.1 has filed reply to the N/m tendered by pltff. The statement was made by the advocate of the deft no.1 on 27.02.2019 that reply to the motion be treated as written statement. It appears that the statement was not recorded and on 19.11.2019 this court proceeded without W/st of this defendant. Hence prayed for condoning the delay and reply be treated as W.S.
Plaintiff objected the motion on the count that there is no explanation for the delay. The pltff prayed for dismissal of the N/M.
The reply was tendered by deft no.1 on 27.02.2019. No such statement which the counsel for deft no.1 has given that the reply be treated as written statement was recorded. Subsequently the counsel for the deft did not point out the court about the said statement. The said explanation given by the deft no.1 is unacceptable.
Be that as it may, the deft no.1 wish to participate in the proceeding. No prejudice would be caused to the pltff if the reply is treated as Written statement hence, it is expedient to pass following order.
                                ORDER.
1. N/M No. 4847/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.1000/- to be paid to the pltff by the deft no.1 within period of 2 weeks from today.
2. payment of cost is subject precedent.
3. On compliance of the order reply be treated as written statement.
4. N/M 4847/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 30-01-2020

Main Case No: SUIT/0100162/2019
Main Cnr: MHCC010002042019
Main Filing No: 111447

Filing Number: 113976/2019
Filing Date: 18-12-2019
First Hearing Date: 30th January 2020
Decision Date: 30th January 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE