Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Dt: 25.02.2020
SUM 292/16
SJ 243/16
CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
Adv. Hina Kapoor for plaintiff
Exh.6 Adv. Dipti Mestry filed Vakalatnama for defendant.
Adv. for defendant filed draft NM @ affidavit. Leave
granted to register NM.
Plaintiff filed reply to NM.
Heard Ld advocates on behalf of both the parties. The
plaintiff strongly resisted the Notice of Motion contending
that multiple opportunities have already been granted to
the defendant. This court notes that true that several
opportunities were given to the defendant to advance
arguments but the defendant failed to advance the
arguments. However, the advocate appearing on behalf of
the defendant today made a statement at bar that she is
ready and willing to advance the arguments tomorrow
without fail. Considering same statement and to decide the
summons for judgment by giving opportunity to both the
parties it is just and proper to allow the notice of motion
subject to cost. Hence, the notice of motion is allowed and
permission is granted to the defendant to advance
arguments tomorrow i.e. on 26.02.2020 subject to payment
of cost of Rs.1000/ to be paid to the plaintiff. The
defendant to note that if he fails to advance arguments on
26.02.2020 the matter will proceed for passing of orders
without arguments of the defendant.
The notice of motion is disposed. It be registered for
statistical purpose.
The cost is also paid to the plaintiff's advocate and thus, the
order is complied. Hence, Adjd for argument to 2602
2020
Judge
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