Final Order 1

Order Details: Other
Pdf Text: 01/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
54
SU 1040/20
Exh.3
Son of plff present.
Adv Ms. Bhayani for deft present and submitted that cost as
per order passed in N.M.No.1958/2021 on previous date is
already paid.
Since cost is paid as per order passed on previous date, WS of
deft Nos.1 and 2 is taken on record and it is R & R at Exh.3.
N.M.No.779/2020 is appearing on the board though it is
already disposed off on 09.09.2021 hence, it be marked as
already disposed off in CIS.
Matter is adjd. for draft issues to 04.10.2021.
Judge
09/09/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
50
SU-1040/20
Adv. Parmar for plaintiff present.
Adv. Deepali Majethia i/b Adv. Kenny Thakkar for
defendant present and tendered registered NM
No.1958/21 a/w affidavit in support.
Adv. for plaintiff endorsed reply on the NM itself.
Heard.
Ld. advocate for the plaintiff though endorsed reply
of objection on the NM, he orally submitted to the
order of the Court.
Considering it and the reasons mentioned in affidavit
filed in support of the NM, this Court is of the opinion
that for giving fair opportunity to the defendants to
contest the suit on merit, it would be just to allow the
NM by imposing certain cost on the defendants. In
the result, NM No.1958/21 is allowed subject to cost
of Rs.2000/- (Two Thousand Rupees).
Defendants shall pay the cost to the plaintiff on or
before next date.
Adv. for the plaintiff endorsed on NM No.779/20 as
not pressed with liberty to file fresh NM.
O - In view of the endorsement made by the Ld.
Advocate for the plaintiff, NM No.779/2020 is
disposed of at this stage with liberty to the plaintiff to
take out fresh notice of motion if required.
Matter is adjd. for compliance to 01/10/2021.
Judge
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