Full Order Text
Order 1 · 17 Feb 2021 · CNR MHCC010010922018
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 -- 1 of 1 --