Date: 28-01-2021
Business: 28/01/2021 CORAM H.H. Ad Hoc Judge SHRI. M. I. LOKWANI (C. R.NO.7)
512/19
Adv. R. R. Tiwari for plff present.
Adv. Chincholikar for BMC / deft present.
Adv. for plff tendered reply to N/m. t.o.r.
Adv. for deft/MCGM tendered registered N/m. No. 167/21 along with affidavit.
Order on N/m. No. 167/21-
Perused N/m. filed by deft/MCGM along with affidavit. Perused reply of plff on 28.1.2021. Heard both side and gone through the record which disclose that corporation failed to file W/st within stipulated time. It also appears that deft/corporation is huge department and no. of matters are pending in several courts and therefore, it is heavily burden upon the advocates of legal department of the corporation. This fact cannot be overlook. If, deft/MCGM not allow to file W/st. by condoning the delay, then certainly deft/MCGM will not get opportunity to put their contentions before the court and the same will goes against the principle of natural justice. However, advocates of the corporation/MCGM directed to ovoid delay for filing W/st. in their concerned matters and to submit W/st within time. In present suit considering the circumstances and nature of the suit/notice, it is just and proper to grant permission to the deft to file W/st. by condoning the delay. The same will not prejudice to the rights of plff. On the contrary it will be helpful to decide the matter on merit. In view of above discussion N/m. deserves to be made absolute. Hence I proceed to pass the following order.
1. Notice of Motion No. 167/2021 is made absolute in terms of prayer clause (a) and (b).
2. Written statement be exhibited and supply its copy to the plaintiff.
3. No order as to cost.
4. Notice of Motion No. 167/2021 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 28-01-2021
