Date: 25-02-2020
Business: None for plaintiff.
Adv. Rakesh Mali for defendant present.
He filed original registered Notice of Motion No. 567/2020 along with affidavit t.o.r.
Matter adjd for NM reply to 23-03-2020 at 2.45 pm.
L.O. at 3.43 pm
Adv Radhakrishana for plaintiff present.
He filed reply on NM no. 567/2020 t.o.r.
Matter adjd for NM hearing to 23-03-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Nobody present.
Adjd for NM hearing to 06/04/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Both parties and their advocate absent.
Matter adjd for Awaiting R & P on 11.08.2021 .
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Board is discharged. Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Board is discharged. Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: AS PO IS ON TRAINING MATTER ADJD TO
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Matter called out at 3.10 pm
None for plff
Adv A.S.Ramesan for Defendant
On oral request adjd.
Matter is adjd on 17.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Matter called out at 2.56 pm
None for plff
Adv A.S.Ramesan for Defendant present
Heard adv for defendant on NM. Put up for argument of plff.
Matter is adjd on 21.09.2022 for NM Argument/Order
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Matter called out at 2.58 pm
None for plff
None for defendant
Matter is adjd on 01.12.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Matter called out at 3.48 pm
None for plaintiff
Adv A.S.Ramesan for defendant present
Despite of giving sufficient opportunity, none present for plaintiff to argue on the Notice of Motion. Adv for defendant is already heard on Notice of Motion on 17.08.2022. As adv for plaintiff has failed to remain present for argument, Notice of Motion is taken for order dispensing with the argument of plaintiff. Perused the Notice of Motion, supporting and the reply filed by the plaintiff. The Notice of Motion is taken out by defendants to set aside order dated 04.11.2019 and to allow defendants to file their reply in the admission denials of the documents. It is contended that defendants were taking search of documents and therefore they could not file admission denials. It is further contended that on 04.11.2019, adv for defendants was help up in the Hon\''ble High Court and other Tribunals. Therefore, he could not appeared before this court and resultantly, the impugned order is passed against the defendants. Plaintiff has registered the Notice of Motion on the ground that satisfactory explanation is not given by the defendants for their failure to attend the matter on 04.11.2019. The record shows that plaintiff tendered evidence affidavit alongwith documents on 03.12.2018. Thereafter, the matter came to be adjourned for admission denials but on 03.04.2019, both the parties were absent. The suit is still pending for exhibiting documents as the documents tendered by adv for plaintiff are still not marked exhibits. If the reply on admission denials is t.o.r. there is no possibility that any prejudice will be caused to the plaintiff. In view of the explanation given in the evidence affidavit, opportunity can be given to the defendants to submit admission denials. Therefore, following order is passed.
Order
1. Notice of Motion No. 567 of 2020 is allowed and made absolute in terms of prayer clause (a) and (b).
2. Notice of Motion No. 567 of 2020 disposed off.
The admission denials of defendants is t.o.r and marked as Exh 10
Parties to make submissions on exhibiting documents.
Matter is adjd on 23.01.2023 for Hrg
Nature Of Disposal: ALLOWED
Disposal Date: 01-12-2022
