Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100272/2018
Waman Arjun Gawade And Ors Vs MCGM
Date : 17-02-2021
Business : Adv MS Kadu present for plaintiff. Adv Nandanwar present
for MCGM/defendant. Order passed in Roznama below
NM 272/2018- 1. Heard both the Ld. Counsels. 2. Perused
grounds mentioned in NM and affidavit. I have gone
through reply submitted by MCGM where relief prayed for
is opposed. 3. Ld. Adv of plaintiff argued that the NM
bearing no.4745/2015 was dismissed by incharge court on
29.11.2017 and on the same day application was moved
before said court but it was told to follow due process by
filing NM. In affidavit particularly in para no.6 grounds of
not attending said NM on said date are specifically
mentioned. 4. Perusal of the record it shows that in the main
NM some important issues are involved and it is necessary
to hear and decide said NM on its own merits. It is settled
position of law that procedural law is handmade of justice
therefore due to such technicalities/hyper technicalities the
relief prayed in this NM cannot be rejected. Considering
peculiar facts and circumstances I proceed to pass
following order in the interest of justice- a. The NM
No.272/2018 stands allowed subject to cost Rs.300/-
payable to legal aid account within one week. b. After
above compliance NM No.4745/15 be restored on the board
of this court after one month from today, which will be
decided on its own merits. c. plaintiff to avoid delay. d. NM
No.272/2018 stands disposed off, accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 17-02-2021
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