Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101342/2019
Syndicate Bank Vs Mumbai District Co op Bank Ltd
Date : 09082021
Business : Matter received from C.R.no.14. None present for
plaintiff. Adv. Anusha Amin for defendant present.
Order below Notice of Motion No. 1341/19 Perused
the NM which is taken out by the defendant for
setting aside no cross order dtd. 18.12.2018. This
NM is supported by an affidavit of Bank Officer Mr.
Nitin Kale. The applicant/defendant herein is Co
operative bank. As per order dtd. 24.04.2019, this
NM is proceeded without reply. The roznama
reflects that since 23.08.2019 that is much prior to
lock down of Court, nobody is attending the case on
behalf of plaintiff. The paragraphs no. 2 to 9 of the
affidavit in support shows genuine reasons for not
attending the Court by the defendant. Today the Ld.
Adv.for the defendant has submitted that they are
ready to cross examine plaintiff witness on next
date. Considering overall circumstances and in the
interest of Justice, I am of the opinion that for fair
trail and proper adjudication of the case it is
necessary to give one opportunity to the defendant
for putting its case. Hence, I pass the following
order ORDER Notice of Motion No. 1341/19 is
allowed and made absolute in terms of prayer
clause (a) and (b). Notice of Motion is disposed of
accordingly. Order below NM No. 1342/19 Perused
the notice of motion which is supported by an
affidavit of Bank Officer Nitin Kale. In the instant
case the defendant has already filed written
statement on record and its a Cooperative bank.
The reasons mentioned in para nos. 2 to 9 of the
affidavit in support are sufficient to give an
opportunity to the defendant to defend the suit.
More so, this Court has already allowed Notice of
Motion No. 1341/19 and inconsonance of same
reasoning, I pass the following order ORDER
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Notice of Motion No. 1342/19 is allowed and made
absolute in terms of prayer clause (a) and (b) with
a direction on next date the defendant shall cross
examine the plaintiff witness and on subsequent
date shall file their evidence.
Nature of Disposal : ALLOWED
Disposal Date : 09082021
COURT 01 ADDL SESSIONS JUDGE
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