Final Order 1

Order Details: Order
Pdf Text: 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
Assistant Sessions Judge
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