Date: 18-02-2019
Business: Adv Patil for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv for plff tendered original NM No.385/19 alongwith affidavit. It is TOR.
K.B..
Later on..
Adv Patil for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Order on NM No.385 of 2019 -
By instant notice of motion the prayer is made to restore notice of motion no.4458/13 which was dismissed in default on 3/12/2018. Perusal of roznama shows that the instant notice of motion is taken out on next date i.e. 16/01/2019. Ld. advocate for the plaintiff has pointed out that there is no delay for filing the instant motion for restoration and no prejudice will be caused to the other side. However, in the affidavit along with the motion. No reason is assigned for not attending the court on 3/12/2018 when the notice of motion is dismissed in default. Roznama further discloses that on 19/10/2018 last chance was granted to the plaintiff to argue on the notice of motion. Despite that the plaintiff has not remained present on 3/12/2018 and there is no whisper about reason for not attending court on given date. Needless to mention that the matter is very old of the year 2013 and needs to be heard expeditiously. Considering all the aforesaid aspect notice of motion, without assigning any reason, is liable to be dismissed. Hence, Notice of Motion No.385 of 2019 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 18-02-2019
