Dr. V. Y. Chavan HUF And OrsVsMs Sajawat Consultants Bombay Pvt Ltd And Ors

Date: 13-11-2018
Business: Adv.Mr.Rohit Kane for Plff present.
Adv.Mr.S.M.Padiya for defendant no.12 present.
Adv.for defendant no.12 tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m.  Returnable on next date.
K.B.at 2.45 pm.
L.O.at 2.45 p.m.
Adv.for Defendant tendered original registered N/m No.4250/2018 t.o.r.
Reply filed by adv.for Plaintiff t.o.r.
Heard both the sides in N/m No.4250/2018.
Order below N/m No.4250/2018
Perused N/m, which is supported by an affidavit.  Also perused the reply filed by adv.for plaintiff.  This N/m is taken out by defendant no.12 for condoning the delay in filing written statement and also setting aside Ex-parte order against him which was passed on 16.08.2018.  The stage of the suit is for framing of issues.  The Ld.adv.for defendant no.12 submitted that the written statement is ready and it can be filed on record today itself.  Considering the nature of the suit and the reasons mentioned in paragraph no.8 to 12 of the affidavit in support of N/m, in my opinion, for fair trial and proper adjudication of the case one opportunity needs to be granted to the defendant no.12 to contest the suit on merits. So far as the delay is concerned, in my opinion imposition of certain cost to be paid to DLSA, Mumbai would suffices the purpose. Hence I pass following order.
1 Notice of Motion No.4250/2018 is allowed and  made absolute in terms of prayer clause (1),(2) and (3), subject to the condition that the defendant no.12 shall file the written statement today itself on record and shall also pay the cost o Rs.2,000/- to be paid to DLSA, Mumbai within a period of two weeks.
2 After payment of cost only the written statement will be exhibited.
3 Notice of motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-11-2018

Main Case No: SUIT/0107927/1996
Main Cnr: MHCC010012511996
Main Filing No: 111447

Filing Number: 115087/2018
Filing Date: 13-11-2018
First Hearing Date: 13th November 2018
Decision Date: 13th November 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE