Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102344/2019
Ashokan Thengumplly Ramankutty Vs MCGM And Anr
Date : 27-06-2019
Business : Adv. J. S. Shukla for plaintiff present and tendered draft
NM along with affidavit. Adv. Ms. Patil h/f Adv. Khandagle
for MCGM/Defendant present. Order on draft NM. By
instant NM plaintiff is praying to set aside order dtd.
12.02.2019 of no cross examination. It is stated that ld.
Advocate for the plaintiff was busy in another Court and
therefore cross examination could not be conducted on that
day. It is also averred that plaintiff will suffer prejudice and
loss if such order is not set aside and the same cannot be
compensated in terms of money. On these grounds the
plaintiff has prayed to set aside above order dtd. 12.02.2019
and to permit his ld. Advocate to conduct cross examination
of defendants witness. I have carefully gone through
roznama of this very old case of the year 2007. After the
order dtd. 12.02.2019, matter was fixed for final arguments
on 22.03.2019, 11.04.2019, 25.04.2019, 06.06.2019,
19.06.2019 and yesterday i.e. 26.06.2019. The plaintiff had
ample opportunity to make such application in last six
dates. It is also pertinent to note that on 11.04.2019,
25.04.2019 ld. Advocate for plaintiff sought adjournment
and the same was granted. Yesterday ld. Advocate for
plaintiff orally submitted that he would argue or file written
arguments tomorrow. Now the plaintiff has taken out
instant NM for setting aside the order. As stated herein
earlier the matter is very old of 2007 and sufficient
opportunity is given to plaintiff. The reasons given in the
affidavit in support of NM are not sufficient to allow the
same particularly when, such NM was not taken out at the
earliest. Hence draft NM is dismissed. It be registered for
statistical purpose. Adjd to 05.07.2019 for arguments.
Nature of Disposal : DISMISSED
Disposal Date : 27-06-2019
COURT 08 ADDL SESSIONS JUDGE
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