Date: 12-06-2019
Business: Adv. Shabim for plaintiff present.
Adv. Mestri for D1, 3 and 5 to 7 present.
Adv. Patel for D-8 to 12 present and he filed original NM no. 1564/19 along with affidavit. Copy served to other side.
Ld counsel for plaintiff submitted that he is opposing the NM without filing the reply.
Heard ld. counsels for both the side regarding condoning the delay of 4 days in taking out NM and for restoration of NM 4339/17. NM is supported by affidavit. Copy of proceeding dated 16.01.19. The ground stated in the affidavit are mainly in respect of personal difficulty of advocate. The ld. counsel for plaintiff opposed the NM and submitted that if the court is in client to allow the NM it may be subject to costs, to be deposited by the defendant in legal aid fund.
Considering the facts and circumstances and the personal difficulty of the counsel, I am of the view that the NM deserves to be allowed in the interest of justice. So far as the aspect of the costs is concern. It will not be proper to impose the cost. NM 1564/19 is allowed by condoning four days delay.
Nature Of Disposal: ALLOWED
Disposal Date: 12-06-2019
