Date: 19-03-2019
Business: Resumed.
The P.O. is busy in dictating NM orders in Suit No. 2803/2018 and 2804/2018 and Ch/s orders in Suit No. 8337/1998. For want of time the board is discharged.
Adjd for NM reply to 03.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Resumed.
Adv. T. Brijesh for plaintiff and Adv. Vidya Shaikh for defendant no. 2 to 4 and Adv. Deepak Shukla for def. no. 1 are present.
Adv. Brijesh tendered registered NM No. 1199/2019 with affidavit.
Adv. Shukla on instructions submit that the defendant no. 1 does not wish to file reply and the NM may be allowed.
Adv. Shaikh seeks time to file reply to NM. Time is granted as last chance.
Adjd for NM reply to 25.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Resumed.
Adv. D. Brijesh for plaintiff is present. Defendant no. 3 in person is present.
Def. no. 3 tendered affidavit in reply to NM No. 1199/2019 for def. Nos. 2 to 4.
Adjd for NM arguments to 03.05.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Adv. Brijesh for plaintiff present.
Adv. Vaid for defendant nos. 2 to 4 present.
Heard.
Order below Notice of Motion No. 1199/19
Heard. Perused NM and reply. The Ld. counsel for the plaintiff submitted that the plaint was rejected by the court for non payment of deficit court fees. The plaintiff submits that the plaintiff is ready to pay the ad-valor-am fees as per the directions of the court vide order dated 17.2.2018 and therefore prayed for restoration of the suit. The counsel for defendant no. 1 appears to have made statement that notice of motion be allowed. The Ld. Advocate for defendant nos. 2 to 4 submitted that the plaintiff has shown his readiness and willingness to comply the order of this court and the matter is likely to be settled between the parties. It seems that the defendants are not objecting to the relief claimed by the plaintiff in Notice of Motion. Therefore Notice of Motion needs consideration. Hence it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1199/2019 is made absolute in terms of prayer clause (a) to (c).
2. The suit is restored to its original file on payment of deficit court fees in terms of the order dated 17.2.2018.
3. The plaintiff to deposit the court fees within a period of three weeks.
4. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 28-06-2019
