Scribd
Upload
1K views3 pages

REopen Application in MA (EAT)

This document summarizes a legal case between Smt. R. Vijayalakshmi (the appellant) and The Secretary, HAL and Another (the respondents). The defendant's advocate has filed an application requesting the court recall its previous order to not accept the defendant's written statement. The advocate argues that the defendant's previous non-appearance was due to being occupied with other legal matters and was not intentional. The advocate requests the order be recalled and the written statement accepted to avoid irreparable loss to the defendant.

Uploaded by

Harshitha M
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views3 pages

REopen Application in MA (EAT)

This document summarizes a legal case between Smt. R. Vijayalakshmi (the appellant) and The Secretary, HAL and Another (the respondents). The defendant's advocate has filed an application requesting the court recall its previous order to not accept the defendant's written statement. The advocate argues that the defendant's previous non-appearance was due to being occupied with other legal matters and was not intentional. The advocate requests the order be recalled and the written statement accepted to avoid irreparable loss to the defendant.

Uploaded by

Harshitha M
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE COURT OF CITY CIVIL JUDGE AND EDUCATIONAL APPELLATE

TRIBUNAL, AT BENGALURU

M.A.EAT. No. 4/2020

BETWEEN:

Smt. R. Vijayalakshmi …Appellant

AND:

The Secretary, HAL and Another … Respondents

APPLICATION UNDER THE SECTION 151 OF THE CODE OF CIVIL


PROCEDURE, 1908.
The defendant No.1 above named pray that for reasons stated in the accompanying
Affidavit this Hon’ble Court be pleased to recall the Order dated -02-2021 and
permit the defendant to file the written statement in the interests of justice.

Bangalore
Date: Advocate for Defendant No.1
IN THE COURT OF CITY CIVIL JUDGE AND EDUCATIONAL APPELLATE
TRIBUNAL, AT BENGALURU

M.A.EAT. No. 4/2020

BETWEEN:

Smt. R. Vijayalakshmi …Appellant

AND:

The Secretary, HAL and Another … Respondents

MEMORANDUM OF FACTS

1. I am the Advocate appearing for the Defendant No. 1in above case and hence
know the facts pertaining thereto.

2. I submit that the above matter was posted on 19.02.2021 for filing of written
statement. The Hon’ble Court recorded the absence of defendant Counsel and
passed an order stating the written statement of defendant taken as not filed and
posted the matter for Plaintiff evidence.

3. I submit that the defendant counsel was held up with other matters which was
posted for hearing and cross examination in other courts, as there was no sitting in
this Hon’ble court and on apprehension of missing the other cases the counsel for
defendant was not able to attend the proceeding of this Hon’ble Court which was
taken up before the in charge Court. Hence the non-appearance of the defendant
counsel is not intentional.

4. I submit that for the aforementioned bonafide reasons this Hon’ble Court may
be pleased to recall order dated: and permit the defendant to file written statement.

5. I submit that no prejudice whatsoever will be caused to the plaintiff if the


application is allowed, on the other hand if the same is

not allowed the defendant will be put to irreparable loss and injury which cannot
be compensated in terms of money.

WHEREFORE, the defendant prays that the accompanying application be allowed


as prayed for in the interest of justice and equity.
Bangalore
Date: Advocate for Defendant No.1

You might also like