Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :Court 59 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101901/2019
Ms Samir Metal Syndicate Vs Ms Centura Wath Cases Pvt Ltd
Date : 18-08-2021
Business : Plaintiff with Adv. Mr. S. R. Mourya for Plaintiff present.
Adv. Mr. Y. S. Singh for Defendants present. Heard both on
NM. The prayer is to set aside the Order dated 19/03/2019
of placing the matter for dismissal because of absence of
Plaintiff. Perused the record. The record goes to show that
the Plaintiff was not showing interest in prosecuting the
suit. Therefore, instead of dismissing the suit, an
opportunity was given to the Plaintiff to lead the evidence
by keeping the suit under the caption of dismissal order. But
thereafter also instead of leading the evidence, the present
NM has been filed. It goes to show that Plaintiff is not
indeed interested in seeking any relief in the suit. But today,
as the partner of Plaintiff appeared and filed the Affidavit of
Evidence, it is just to accept the same. But since the
Defendants suffered due to the inaction of plaintiff, the
same is accepted subject to costs of Rs. 5,000/- payable to
other side. Accordingly, the NM No. 1901/19 is disposed
off. Costs paid by the Plaintiff to other side. Exh. 8Plaintiff
filed affidavit of Evidence of PW-1 Bheruchand Shah. Exh.
9List of documents. O-Defendants to admit of deny the
documents. Matter adj. to 20/09/2021 for Admission/Denial
of Documents.
Nature of Disposal : ALLOWED
Disposal Date : 18-08-2021
Court 59 ASST SESSIONS JUDGE
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