Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
The matter is adjd for Compliance to 24.03.2020.
Judge
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