Bina Alias Rita Suresh GidwaniVsNagananda And Ors

Date: 26-02-2018
Business: Adv. Ms. Nanavati for plaintiff present.
Adv. Rita Shroff for defendant No.1b to 1d present.
Adv. Vivek Tambe for defendant No.2 present.
Heard both sides.
The present defendant No.2 is the main contesting defendant in this suit. Inspite of sufficient opportunities to file her evidence on affidavit, she failed to file. On 15/11/2017 she refused to file affidavit of evidence. On perusal of roznama of 15/11/2017, it appears that on that date she was not represented by any Lawyer. It is contended that she has changed four lawyers. The suit is of 1994. The present development is of the period of four months. In an adversarial system, both the parties should be given opportunities in participating in the process of justice dispensation. In the interest of justice she, must get one more opportunity, however, subject to cost as plaintiff had to come from US and during the hearing defendant No.2 herself admitted that she is ready to pay the costs.
Nature Of Disposal: ALLOWED
Disposal Date: 26-02-2018

Main Case No: SUIT/0108754/1992
Main Cnr: MHCC010092882012
Main Filing No: 111447

Filing Number: 103159/2018
Filing Date: 23-02-2018
First Hearing Date: 26th February 2018
Decision Date: 26th February 2018
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT