Final Order 1

Order Details: Other
Pdf Text: 23.01.2020
SU 6479/04
NM 385/20
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Dubey for plaintiff present.
Adv. Vijay Waghela for defendant No. 1 present.
Plaintiff present.
KB
LO
Draft NM filed by adv. for defendants. t.o.r.
O Leave granted to register it.
Say filed by plaintiff on NM itself.
Heard respective counsel for parties.
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LO
Order passed below Draft Notice of Motion.
Perused draft notice of motion, affidavit in support of it,
say filed by plaintiff. heard respect counsel for parties.
Draft notice of motion is taken out by the defendants to
set aside order dated 18.12.2019 and to permit defendant to
cross examine PW1.
It is the contention of defendant that advocate for
defendants was in London for Graduation Ceremony of his
daughter during the period since 14.12.2019 till 03.01.2020.
Unfortunately the office representative of defendants could not
informed said fact when the matter was called. Adv. Sujata
Natekar of the office of advocate on record was held up in High
Court when the suit was called out. In above facts, defendants
made prayers in above terms and so also to grant any other
relief in the facts of matter.
Plaintiff opposed the notice of motion on the count that
defendants have not filed any document in support of draft
notice of motion and accordingly, prayed for dismissal of notice
of motion.
It is apparent that there is delay of about 5 days in taking
out notice of motion but considering the facts of matter that it is
posted for today after last date of 18.12.2019 when impugned
order was passed I am inclined to condone delay caused in
taking out present draft notice of motion so as to advacne of
cause of justice. Reason assigned by defendants is on affidavit
of advocate for defendants themselves. There is no reason to
disbelieve statement on affirmation made by advocate for
defendants. In my view reason assigned by defendants is
sufficient to set aside impugned order dated 18.12.2019 and to
permit defendants to cross examined PW1. However, in the
facts of matter it is necessary to impose certain costs upon the
defendants. Hence, pass following order:
ORDER
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1. Draft notice of motion is allowed and made absolute in
terms of prayer clauses (a) and (c) subject to payment of costs
of Rs.1000/ (Rupees One Thousand only) to the plaintiff
within period of two weeks from the date of this order.
Defendants are at liberty to deposit the costs payable to the
plaintiff in the Court.
2. After payment of costs, defendants are permitted to cross
examine PW1.
3. Draft notice of motion be registered for statistical purposes.
4. Accordingly, draft notice of motion is disposed off.
Adjourned for direction to 07.02.2020
Judge
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