Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101116/2019
Alpana Apartment Co op Housing Society Ltd And Ors Vs Alpana Builders And Anr
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 &amp#039&amp#039No cross
examination&amp#039&amp#039 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
COURT 8 ADDL SESSIONS JUDGE
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