Date: 05-03-2019
Business: Plff present and his Adv. absent.
Adv. Mr. A.K. Pandey for Deft No.1 present.
Adv. Ms. Rekha Shinde for Deft No.2 present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
None present for Deft No.3.
Adv. Mrs. Vyavhare h/f Adv. Bhoir for MCGM/deft No.4 and 5 present.
KB - LO at 12.15 p.m.
Adv. Mr. Manish Trivedi for Plff present.
Adv. Ms. Rekha Shinde for Deft No.2 present.
Adv. Mrs. Vyavhare h/f Adv. Bhoir for MCGM/deft No.4 and 5 present.
Adv. for Plff has given say on draft N/M.
Order on draft N/M
The N/M is taken out to set aside order of \''\''No cross examination\''\'' dated 20/2/2019. In the affidavit alongwith N/M it is stated that the Ld. Adv. for Deft was ill and therefore was unable to travel from Panvel to Mumbai on previous two dates. The Plff has opposed the N/M on the grounds that no medical certificate is annexed and there is willful default on the part of Deft No.2. According to Ld. Adv. for Plff, the Deft No.2 is prolonging the matter and therefore N/M be dismissed.
I have carefully gone through the record. Today, Ld. Adv. for Deft No.2 is ready to cross examine the witness. To give full opportunity to both parties and to decide suit on merits, one chance can be granted to Deft No.2. Hence, N/M is allowed and made absolute in terms of prayer clause(a). N/M be registered for statistical purpose.
PW-1 resumed on S.A.
Cross-examination of PW-1 by Adv. for Deft No.2 is partly recorded.
On oral request of Ld. Adv. for Deft No.2, cross-examination is adjourned till next date.
Adjd to 16/3/2019 for further cross-examination.
Nature Of Disposal: ALLOWED
Disposal Date: 05-03-2019
