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
