Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.18/02/2019
SU 4538/13
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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.
Adjd to 20/03/2019 for written statement.
Judge
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