Final Order 1

Order Details: Notice of Motion
Pdf Text: CORAM : D.P. SURANA (C.R.NO.01)
Adv. Sanjay Gawde for pltff present.
None present for D-25/MCGM.
Adv. Sawla H/F Adv. Bharat Joshi for D-40 and D-52 present.
LC for Sawla tendered registered NM No.657/18 alongwith affidavit in support.
TOR.
LC for plaintiff filed affidavit in reply to NM 657/18. TOR.
ORDER BELOW NM 657/18
Heard both the sides on NM 657/18.
The present NM is taken out by D-52 for setting aside the order dated 08.02.2018
closing the evidence of defendant and dated 22.01.2018 closing the cross-
examination of PW-1 by defendant no.52.
There is apparently laches on the part of defendant no.52. However, the same can
be compensated in terms of costs. I am of the view that fair opportunity is required
to be given to the defendant no.52 to cross-examine PW-1 and to lead evidence.
Therefore, following order.
ORDER
The Notice of motion no.657/18 is allowed in terms of prayer clause (a) and (b),
subject to payment of costs of Rs.10,000/- for each relief(in total Rs.20,000/-), out
of which Rs.10,000/-to be paid to Advocates for plaintiffs and Rs.10,000/- to be
deposited with the office of Legal Aid within a week from the date of this order.
LC for plaintiff submitted that he will secure the presence of PW-1 on next
date.
Adjd for cross-examination of PW-1 on 05.03.18.
Judge
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