Full Order Text
Final Order 1 · 18 Jun 2019 · CNR MHCC010007712019
Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.316 OF 2019 IN SUIT NO.7079 OF 1997 The Board of Trustees of the Port of Mumbai Business at : Vijay Deep, Shoorji Vallabhdas Marg, Mumbai 400 083. ...Plaintiffs V/s. M/s. Nikhil Enterprises A firm carrying on business at 96, Thange Ali, Bhivandi, Dist. : Thane 421 302. ...Defendants Appearances : Ld. Adv. Mr. Manoj Thakur for plaintiff. Ld. Adv. Ms. Jyotsana Kodalkar for defendant. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R. No.20) DATED : 18th June, 2019 ORDER Defendant has taken out this Notice of Motion for setting aside no evidence order passed against him on 12.09.2018. 2. It is argued that on 27.02.2017 defendant has tendered evidence affidavit. On 12.09.2018 it was for crossexamination. However on that day defendant could not remain present before the MHCC010007712019 -- 1 of 3 -- NM 316/2019 .. 2 .. Suit No.7079/1997 Court. Therefore, Court has passed no evidence order against him. Defendant is aged about 81 years and residing at Palghar. Therefore on 12.09.2018 he could not remain present before the Court. However, on subsequent dates he promptly attended the Court. The absence is not intentional. Therefore he may be allowed to lead evidence by setting aside no evidence order. 3. The Ld. counsel appearing for plaintiff has strongly opposed his application on the ground that plaintiff has sought several adjournment for leading his evidence. Even after filing of evidence affidavit intentionally he remained absent. Therefore there is no reason to give him further chance to lead the evidence. 4. It is a matter of record that on 27.02.2017 defendant has tendered his evidence affidavit. As per roznama on 12.09.2018 he was absent for his crossexamination. It is not disputed that defendant is a senior citizen aged about 81 years. In such circumstances fair chance has to be given to him to lead the evidence by setting aside no evidence order. As far as possible full and fair opportunity has to be given to the party to put its case. Parties should not be deprived from substantial justice. At the most cost can be imposed on the party who has made the fault. Accordingly, the order. ORDER 1. NM No.316/19 is hereby allowed. 2. No evidence order passed against defendant on 12.09.2018 is hereby set aside on payment of cost of Rs.1,000/ to be paid within a month to plaintiff or to deposit it in the Court. -- 2 of 3 -- NM 316/2019 .. 3 .. Suit No.7079/1997 3. On compliance of cost order defendant is permitted to lead his evidence. ( MILIND V. KURTADIKAR ) Judge, (C.R. No.20) Dt.: 18/06/2019 City Civil Court, Gr. Mumbai Dictated on : 18.06.2019 Transcribed on : 18.06.2019 Signed on : __.06.2019 lhd/ -- 3 of 3 --