Full Order Text
Final Order 1 · 01 Dec 2022 · CNR MHCC010015032020
Order Details: Notice of Motion Pdf Text: -- 1 of 2 -- 01.12.2022 63@66 Coram: H.H.J. Shri. Sachin B. Pawar, Gr. Bombay (C.R.59) SU 6309/07 NM 567/2020 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 Judge -- 2 of 2 --