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Court Order

Final Order 1

CNR MHCC01002966201904 Nov 2022
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 04 Nov 2022 · CNR MHCC010029662019

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :Court 59 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101143/2019
Ravel Singh Asa Singh Arora HUF Vs Detco Retail Pvt Ltd
Date : 04-11-2022
Business : Matter called out at 3.36 pm Adv C.D.Mishra for plff present
None for defendant Adv for plaintiff tendered the copy of
letter served upon the adv for defendant intimating the date
of hearing t.o.r Heard adv for plaintiff on Notice of Motion.
None present for defendant. The adv for plaintiff has
produced the copy of letter whereby the date is intimated to
the adv for defendant. Record shows that on 23.01.2020, the
argument of the defendant was closed. Thereafter, adv for
defendant sought time for argument and the said request was
granted from time to time. Sufficient opportunity is already
given to the defendant. Therefore, it is not necessary to keep
the present Notice of Motion pending for hearing for non
appearance of the defendant. Perused the Notice and Motion
and supporting affidavit as well as documents annexed with
the supporting affidavit. It is contended in the supporting
affidavit that at the time of filing affidavit of examination-in-
chief and list of documents, the purchase order was
misplaced and it was not traceable. The said purchase order
is found after the evidence affidavit and documents were
tendered. In absence of any contest by the defendant, the
reasons given in supporting affidavit are sufficient to allow
the plaintiff to file additional evidence affidavit. Accordingly
following order is passed in Notice of Motion No. 1143 of
2019 Order 1. Notice of Motion No. 1143 of 2019 is made
absolute in terms of prayer clause (a). 2. Notice of Motion
No. 1143 of 2019 is disposed off. Adv for plff tendered
additional evidence affidavit of PW 1 t.o.r marked as Exh 5
A Adv for plff tendered additional list of documents a/w
documents t.o.r marked as Exh 6 A Copy be served upon
other side. Matter is adjd on 16.12.2022 for RE
Nature of Disposal : ALLOWED
Disposal Date : 04-11-2022
Court 59 ASST SESSIONS JUDGE
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