Date: 29-03-2019
Business: Advocate Mr. Jaineel Vashi for Plaintiff present and submitted that, he has received copy of NM reply and his senior advocate Ms. Prachi Khandge is going to argue NM.
Advocate Ms. Anita Trivedi for Defendant no.1 present and served copy of NM reply to advocate for Plaintiff.
Advocate Mr. Malankar for BMC/Deft present.
As matter is HCTB and as this Court has already observed in Roznama that if Plaintiff will file affidavit of evidence prior to filing of evidence of Defendant no.1, such affidavit can be considered. Advocate Ms. Trivedi submitted that, affidavit of Defendant no.1 is ready hence, no delay can be caused in decision of the NM taken out by Plaintiff, therefore, Plaintiffs are directed that they should proceed with argument of NM today at 2.45 p.m. else this Court will be compelled to decide NM on its own merits.
K.B.
L.O.
Advocate Mr. Jaineel Vashi for Plaintiff filed original Notice of Motion no.1343/19 with affidavit in support, t.o.r.
Advocate Ms. Anita Trivedi for Defendant no.1 present and filed reply to Notice of Motion, t.o.r.
Advocate Mr. Malankar for BMC/Deft no.2 and 3 present.
Heard.
F.R.S.R. following order has passed -
ORDER
Notice of Motion No.1343 of 2019 stands disposed
off/dismissed.
In view of order dated 26/02/2019, Defendant no.1 has filed his affidavit of evidence, t.o.r. Copy is served upon Plaintiffs advocate. Learned advocate for Defendant no.1 submitted that, after some time, she will file list of documents and compilation of documents along with list of witnesses to be examined by Defendant no.1 hence kept back.
L.O. at 4.45 p.m.
Advocate for defendant no.1 filed list of documents Exh.361 and list of witnesses Exh.362, t.o.r.
Case is adjourned to 12/04/2019 for evidence of deft no.1.
Nature Of Disposal: DISMISSED
Disposal Date: 29-03-2019