Date: 10-02-2020
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for Plaintiff.
Adv. Khandagale for MCGM/Deft. present and filed original N/m No. 365/2020 along with affdvt. in support. T.O.R.
Matter adjd to 29.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. N. K. Dubey h/f Adv. V. T. Dubey for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Matter adjd to 01/02/2021 for Service and Reply to NM.
Next Purpose: SERVICE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Matter adjd to 05/03/2021 for Service and Reply to NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Matter adjd to 07/04/2021 for Service and Reply to NM filed by deft/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Matter adjd to 16/06/2021 for Service and Reply to NM filed by deft/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv N.K. Dubey h/f Adv V.T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to serve the copies of NM and affidavit in support thereof to the plaintiff. Time is granted till next date.
Adjd. To 08/09/2021 for service and reply to NM filed by defective / MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and tendered copy of the NM, TOR for giving plaintiff.
Adjd. To 06/10/2021 for service and reply to NM filed by defendant / MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv N.K. Dubey for plaintiff present and received copies of NM alongwith affidavit in support taken out by defendant /MCGM.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv for plaintiff and requests for time to file reply to NM filed by defendant / MCGM.
Time is granted till next date.
Adjd. To 10/11/2021 for filing reply to NM by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv N.K. Dubey h/f Adv V.T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.00 p.m.
Adv V.T. Dubey for plaintiff present and filed reply to NM. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 05/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 3.40 p.m.
Adv V.T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard both sides on NM NO.365/20
Adjd. To 07/01/2022 for order on NM NO.365/20
Next Purpose: NM ORDERS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
ORDER ON NM NO.365/2020
The defendant / MCGM has filed the present NM and prayed that the evidence closed order passed on 16.08.2019 may pleased be set aside and defendant / MCGM be permitted to file evidence in support of its case.
The defendant /MCGM contended that, it being a statutory body and a vast organization, over burden with their work, so also so many litigations pending against MCGM in the Court. Therefore, due to transfer of the employees, so also non traceable of record, defendant / MCGM could not file evidence within time limit. Now defendant / MCGM has traced the entire record, therefore prayed for permitting defendant / MCGM to file affidavit of evidence. If defendant not permitted to adduce evidence, defendant / MCGM would loose his legal right to defend the Suit. So, for final adjudication of the matter, it is necessary to give chance to defendant / MCGM to lead his evidence. Hence, defendant / MCGM prayed that No Evidence Order passed on 16.08.2019 be set aside and defendant / MCGM is permitted to lead evidence.
The plaintiff opposed the NM by filing reply on record. It is alleged by the plaintiff that the defendant / MCGM not given proper reason for condonation of delay and setting aside the order passed against it. This Court has given several opportunities time to time to the defendant for filing affidavit of Examination in Chief, but all chances goes in vein. Hence, plaintiff prayed for dismissal of NM.
Perused NM, reply filed by the plaintiff, heard both advocate at length.
On going through the record of this case, it reveals that No Evidence Order passed against defendant / MCGM on 16.08.2019. The defendant / MCGM filed present NM on 04.10.2019. So it is not the case that the defendant / MCGM moved present NM, after the laps of considerable time. It is the matter of record that Suit is filed in the year 2013. The contention of defendant / MCGM is that as the matter is old one, therefore at present the concerned staff was transferred, because matter is old one, original record was not traceable. Therefore, delay was caused in preparing evidence and filing affidavit on record. In my opinion, this is obvious ground and can be believable. If defendant / MCGM not permitted to adduce evidence, there will not be a final adjudication of the matter. To decide the matter on merits, both parties should give an opportunity to lead their best possible evidence. Therefore in my opinion, defendant / MCGM entitle to lead their evidence in support of its W/s. Therefore, the No Evidence Order needs to be set aside, to meet the ends of justice, therefore, defendant / MCGM is entitled for the relief prayed by way of this NM, considering this I pass following order
ORDER
1. Notice of Motion No.365/2020 is made absolute.
2. The order passed by this Court dated 16.08.2019 is set aside and defendant / MCGM is permitted to file their affidavit of evidence.
3. Notice of Motion No.365/2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 14-01-2022