THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS Vs. THE ASSOCIATION OF LIONS INDIA ALSO KNOWN AS LIONS INDIA

JUDGEMENT

(1.) Counsel appearing for the Defendants has produced copy of the affidavits sworn by Mr.T.J.Gala dated 15th February, 2008 and Mr.Ramesh Chaphekar dated 16th February, 2008, to be taken on record. This request is opposed by the Counsel for the Plaintiffs. Besides, opposing to take on record affidavits tendered by the Counsel for the Defendants dated 15th February,2008 and 16th February, 2008, Counsel for the Plaintiffs submits that all pleadings accepted by the Office after 31st July, 2007 filed by whichever party should be returned to the respective parties, as the same has been accepted by the Office without formal order being passed in that behalf by the Court.

(2.) It is admitted position that the pleadings/affidavits filed by the respective parties after 31st July, 2007 were not accompanied by any formal application for condonation of delay or for permission to file the same, as the case may be. Necessity of filing affidavit prior to 31st July, 2007 was on account of the peremptory order passed on 13th June, 2007, while considering the prayer for ad-interim relief. The parties were clearly put to notice that the pleadings should be exchanged on or before 31st July, 2007, to be filed in the Registry, so that the Motion can proceed for hearing on 6th August, 2007, which was the date notified in the Order itself.

(3.) It is also seen from the record that, it is the Plaintiffs, who had carried the matter in appeal, being dissatisfied by the part of the Order passed by this Court on 13th June, 2007; which appeal came to be dismissed on 31st July, 2007, essentially on the ground that as per Order dated 13th June, 2007 the Motion is already ordered to proceed for final hearing on 6th August, 2007. In that sense, the parties were fully conscious of the position that the Notice of Motion would proceed for hearing on or soon after 6th August, 2007. No request was made before the Appellate Court and as aforesaid even before the trial Judge for extension of time to file affidavits by any of the parties after 31st July, 2007.