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Order Details: Notice of Motion
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101270/2018
Nifisa S. Setrangiwala And Ors Vs Vidya D. Bhambal And Ors
Date : 13-02-2019
Business : Resumed. Adv. R. D. Thorat for plaintiff and Adv. Suresh
Gode for defendants are present. Heard, respective advocates
on NM No. 1270/2018. The defendants have taken out this
motion seeking to set aside an order of ex-parte hearing with a
further relief to allow them to file w.s. by condoning delay.
The Ld adv. for defendants submitted that considering the
nature of reliefs claimed, the defendants should be given an
opportunity to contest the suit on merits. On the other hand,
the Ld. Adv for plaintiffs strongly opposed to grant any such
relief. Considering the rival submissions and the nature of suit
i.e. for declaration and permanent and mandatory injunction,
it is just proper and expedient to set aside the order of ex-
parte hearing and further to permit the defendant to contest
the suit on merits, in order to avoid multiplicity of
proceedings. Therefore, the following order is passed -
ORDER 1. The NM No. 1270 of 2018 is made absolute in
terms of prayer clause (a) and (b) subject to payment of costs
of Rs. 5000/-, to be paid or deposited in the Court within a
period of one week from today. 2. On complying with the
aforesaid order the W.S. will be taken on record. Adjd for
compliance to 20.02.2019.
Nature of Disposal : ALLOWED
Disposal Date : 13-02-2019
COURT 1 ADDL SESSIONS JUDGE
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