Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101260/2018
Anthony Clowdin Pereira Vs Evarist Clowdin Pereira
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&amp#039ble
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
COURT 3 ADDL. SESSIONS JUDGE
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