Date: 21-06-2018
Business: Adv. Ms. Dipti Palli ib Adv. Morje for plaintiff present and filed reply in NM No.1260/2018.
Adv. Rahul Singh for defendant present and filed original notice of motion no.1260/2018 alongwith affidavit.
Heard both sides in NM No.1260/2018.
By this notice of motion, the defendant is praying for condonation of delay in filing notice of motion and for restoration of notice of motion no.3630/2016 which was dismissed for want of prosecution on 22.8.2017.
Perused the affidavit filed in support of the notice of motion. It is stated in the affidavit that advocate for defendant was busy before the Hon\''ble High Court and therefore he could not remain present when the matter was called out on 22.8.2017. It appears that the delay in filing notice of motion is caused since the defendant was out of town for a considerable period and he was not well. Hence notice of motion is liable to be allowed. However, the defendant is liable to compensate the plaintiff by paying cost. Hence notice of motion no. 1260/2018 is allowed subject to payment of cost of Rs.2000/- to the plaintiff within two weeks. If the cost is paid, the notice of motion no. 3630/2016 shall stand restored.
Nature Of Disposal: ALLOWED
Disposal Date: 21-06-2018
