Final Order 1

Order Details: Other
Pdf Text: 27.03.2019
SU 1103/17
@ NM
3925/18 @
Ch/s 595/19
@ NM
3754/18 @
NM
4734/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Vyas for Plaintiff present.
Adv. Shailesh Pal for Defendant no.1 present.
Draft NM filed by Adv for defendant no.1 t.o.r.
Leave granted to register it.
Copy given to other side.
K.B.
L.O.
Adv. Pratap Singh for Defendant no.1 present.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Read Notice of motion, affidavit in support of it, reply of
Plaintiff. Heard respective counsel of parties.
Notice of motion is taken out by defendant no.1 for setting
aside order dtd.16.03.2019 in respect of proceeding chamber
summons without reply against him.
It is the contention of defendant no.1 that on 05.03.2019 his
soninlaw Jitendra Jaiswal died at Devariya, Uttar Pradesh so
for performing all rituals he went to his native place and since
then he was not in Mumbai. Therefore, reply to Chamber
summons drafted by his Advocate could not be affirmed.
Plaintiff opposed notice of motion and prayed for rejection of it.
Reason assigned by defendant no.1 is sufficient to set aside
order dtd.16.03.2019. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms
of prayer clause (a).
2. Defendant no.1 is directed to file reply to chamber summons
today itself.
3. Draft notice of motion be registered for statistical purpose.
Accordingly, draft notice of motion is disposed off.
Defendant no.1 filed reply to chamber summons t.o.r.
Deft no.1 supplied copy of reply to other side.
Adj for Ch/s hearing to 09.04.2019.
Judge
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