Final Order 1

Order Details: Other
Pdf Text: 26/02/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Suit 8754/92 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 for 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 heavy costs. In such circumstances I
allow filing of evidence by defendant No.2 subject to cost of
Rs.40,000/ to DLSA.
Draft NM stands disposed off.
Exh.23 Affidavit of evidence of defendant No.2.
Exh.24 List of documents.
Copy furnished to other sides.
Adjd. to 09/03/2018 for compliance/cross examination.
Principal Judge,
Gr. Mumbai.
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