Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101724/2018
Bhagwan Shankardas Moorjani Vs Trishul Apt. B Wing Residents Co op HSG Soc Ltd And Ors
Date : 09-07-2018
Business : Plaintiff in person present. Adv. Torankar for D-1 present
and tendered original NM No. 1724/18. TOR. The plaintiff
was granted time to file reply to NM 1724/18 on 11.04.2018.
However, today again the plaintiff in person seeking time to
file reply to the NM. Since, the matter is of the year 2003
the request for further time is rejected. Heard Ld. counsel for
the parties in NM 1724/18. Perused the NM 1724/18 and
affidavit in support. By this motion, defendant No.1 is
praying for recalling the order dated 16.01.2018, whereby,
the evidence of PW-1 was closed without the cross-
examination by defendant No.1. It is urged by the Ld.
counsel for defendant No.1 that there was a change in the
committee of the defendant No.1/society and, therefore, the
society was not able to give instructions to their advocate for
cross-examination. The plaintiff in person submits that
sufficient time was granted to the defendant No.1/society
and society was negligent in prosecuting the matter. In the
affidavit filed in support of the motion, it has been stated
that the members of the new managing committee were not
fully conversant with the facts of the case and hence they
were unable to give instructions to their advocate. There is
no reason to disbelieve the cause given in the affidavit by
defendant No.1/society. Hence, the society is entitled to one
more opportunity of cross-examination of PW-1. However,
the society is liable to compensate the plaintiff by paying
cost. Hence, Notice of Motion 1724/18 is made absolute in
terms of prayer clause (a), subject to payment of Rs.5,000/-
to the plaintiff within 2 weeks from today, failing which the
motion shall be dismissed. If the cost is paid, the defendant
No.1 shall be entitled to cross-examine the PW-1 on the next
date.
Nature of Disposal : ALLOWED
Disposal Date : 09-07-2018
COURT 3 ADDL. SESSIONS JUDGE
-- 1 of 1 --