Date: 27-03-2019
Business: Matter adj. for NM Hearing to 02.08.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is busy in dictating judgement in suit no. 464/16 and order in suit no. 4342/12, 1942/19 and also order of Bail application in NDPS Spl. Case no. 12/2019 and 180/18.
Hence, Matter stands Adj for NM hearing to 19.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Dias for plaintiff present and filed affidavit of service of NM 65/19.
Heard. It is submitted that defendant no. 3 and 4 have been served and defendant no. 1, 2 and 5 have been intimated and sealed envelopes have been returned with remarks to that effect. It amounts to due service as they have refused to accept.
Nonr present for defendant.
Matter stands Adj for hearing on 01.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv. Menino F Dias for plaintiff present.
Heard Ld. counsel for plaintiff on NM no. 65/19 for restoration of Suit no.1616/17. The NM is supported by affidavit of plaintiff Hasmukh Jain.
It is submitted that plaintiff has filed present NM for restoration of suit which was dismissed in default on 17.03.2018 on the ground that advocate of the plaintiff was not present on various dates. In the above said suit NM no. 2588/17 was also pending that the advocate of the plaintiff had expired some time in the month of December 2017 and therefore plaintiff could not attend the above case on various dates. As the plaintiff was not aware about the death of his advocate. It is submitted that if the present motion is not allowed, plaintiff will suffers irrepairable loss. Hence, it is prayed that present NM may allowed in the interest of justice.
Considering the submissions made before the court and relying on the affidavit of the plaintiff, I am of the opinion that plaintiff has cited sufficient cause for restoration of the suit. There are not circumstances to disbelieve the plaintiff.
Hence, the NM is allowed. The Suit no. 1616/17 along with NM 2588/17 stands restored for trial and disposal according to the law.
After the suit and motion are restored notice shall be given both sides for their appearance.
Office to do the needful and comply.
Hence, Matter stands Adj for return of notice/service to 03.12.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 19-10-2019
