Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv Mandavkar for the plaintiff present. None present for the defendant no.3 Defendant no. 3 has
not made compliance. Affidavit of service regarding service of Motion No.724/2020 to deft no.5
tendered by the plaintiff. TOR It appears that notice is duly served upon deft no.5. Inspite of service
deft no.5 remained absent before the court. Hence, NM No.724/2020 is to be heard in the absence
of deft no.5 and without his reply. Order below N/M no.724/2020. Heard. Perused affidavit in
service of N/M. It appears that the plaintiff had served copy of plaint and document and copy of
N/M No.1069/2017 to defendant no.5 by RPAD post. The plaintiff has filed copy of
acknowledgment receipt before the court a/w affidavit in support. It appears further that inspite of
due service to defendant no.5 plaintiff has failed to tender affidavit of service before the court.
Therefore, on 13.11.2018 dismissal order has been passed. Further it appears that after dismissal of
the suit, the plaintiff has changed the advocate and filed this NM for setting aside dismissal of the
suit against defendant no.5. It discloses that inspite of service defendant no.5 has remained absent,
earlier and even today also. Thus, in the above circumstances and in order to decide real
controversy between the parties, it is just and proper to allow the present NM in the interest of
justice by condoning delay caused in taking out this NM. Therefore this NM is to be made absolute,
with this I proceed to pass the following order ORDER 1. NM No.724/2020 is made absolute in
terms of prayer clause b and a 2. Delay caused in filling this NM is condoned and the plaintiff is
directed to pay cost of Rs.1000/- to DLSA, Mumbai on or before next date. 3. Dismissal Order
passed against defendant no.5 dated 13.11.2018 is hereby set aside and suit against defendant no.5
be restored. 4. NM No.724/2020 disposed of accordingly. The plaintiff is directed to issue writ of
summons to defendant no.5. None present for defendant No 6,8,9,10 without WS Matter is adjd. to
06.03.2021 for compliance by the plaintiff/ compliance by defendant no.3.
sd/-
Judge
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