Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102114/2019
Bharat Mehta Vs 1.MCGM 2 Mr. Paresh Pithadia 3 Mr. Harshad Makhwana4 Mrs. Deepika Tejpal
Shah And Ors
Date : 09-06-2022
Business : Adv. Gupte h/f Adv. Tendulkar for plaintiff present. Adv.
Mrs. Rawade for defendant No. 1 to 3/ MCGM is present.
Adv. Seggarala for deft. No. 4 present. Heard both sides on
N/M No. 2114/2019. K.B. for order on N/M No. 2114/2019.
L.O. Following order is passed on N/M No. 2114/2019- O
R D E R 1. Defendant No. 4 has taken on Notice of Motion
for setting aside no W/S order dated 24/04/2019. It is
contended that defendant No. 4 appeared and contested
N/M No. 1085/2019 and advocate was preparing to file
caveat. The advocate was busy in other matter and not
aware about the next date i.e 24/04/2019. It is further
contended that the defendant has good defense and if the no
W/S order is not set aside he will harm and injury.
Therefore, no W/S order may kindly be set aside. 2.
Plaintiff opposed application contending that motion is
taken after delay. Defendant No. 4 has concealed facts for
delay. The defendant not mentioned how much delay has
there and delay is not explained. 3. Perused N/M, reply and
record. Heard counsel for the parties. 4. It is matter of
record that defendant No. 4 contested the N/M for ad-
interim injunction. It is the contention of the defendant that
his advocate was preoccupied the other matters and skipped
the date. It is well settled that no party should be denied
opportunity to participate in the process of administration of
justice. Therefore, in order to decide controversy between
party on merit, it will be just and proper to set aside no W/S
order. Hence I pass following order- Following order is
passed- O R D E R 1. No W/S order dated 24/04/2019 is
hereby set aside. 2. W/S of defendant No. 4 be taken on
record. 3. N/M No. 2114/2019 stands disposed of
accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 09-06-2022
COURT 04 AD-HOC ASST SESSIONS JUDGE
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