Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF SESSION FOR GREATER BOMBAY
NOTICE OF MOTION NO.3329 OF 2019
IN
S.C.SUIT NO.6456 OF 2006
(HIGH COURT SUIT NO.1570 OF 2006)
Smt.Sabita Vishwanath Adapa ....Plaintiff
V/s
Ashok Timayya Shetty ....Defendant
APPEARANCE:
Ld.Advocate Tejus Bhide for plaintiff.
Ld.Advocate Jaineel Vashi i/b M.P.Vashi & Associates for defendant
no.1.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 31st August, 2019
ORDER
Perused Notice of Motion and affidavit.
2. Heard Ld.Counsel for both sides. It is submitted by the defendant
no.1 i.e. suit is posted for evidence on 23/07/2019. However, he
remained absent and his advocate also absent. He could reach to the
Court when the matter was called out but he came to know that matter
was already adjourned but he could not find out as to what happened.
Subsequently, he came to know that the evidence on his side have been
closed by the Court. It is further submitted that it is his mistake that he
could not file evidence on record but the mistake is bonafied. Lastly, it
is submitted that the order dated 23/7/2019 may be recalled and he be
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permitted to adduce evidence on record.
3. Plaintiff opposed the Notice of Motion and contended that the
Notice of Motion was on board and not prior which ought to have been
done by the defendant. It is further contended that defendant no.1
failed to annex the copy of evidence alongwith Notice of Motion.
Lastly, it is submitted that Notice of Motion may kindly be rejected.
4. Perused record and proceeding and roznama of present suit, the
present suit is pending in the Court since 2006 and several time
opportunities were given to the parties to lead their evidence and finally
plaintiff has closed his evidence on 25/6/2019, thereafter it was upon
claimed by the defendant to adduce their evidence on next date.
However, defendant remained absent with his advocate and order dated
23/7/2019 was passed against him. Admittedly, defendant is absent
and failed to adduce evidence on behalf of him. However, defendant
has filed written statement on record and resisted the claim of plaintiff
to prove his defence. Naturally, evidence on his side is required to be
adduced by the defendant. However, he failed to do so, it is cited by
the defendant that he could reach to the Court late and advocate was
not present on 23/7/2019. Apparently, it is lapse on the side of
defendant but when defendant has resisted the claim of plaintiff by way
of written statement. I am of the opinion that one opportunity be
granted to the defendant to prove his claim by adducing evidence on
record.
5. Considering the above said reason I come to the conclusion that
in the interest of Justice defendant is permitted to adduce evidence.
This evidence is also helpful to the Court to decide the suit is own merit.
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Hence, I pass following order.
ORDER
1. Notice of Motion No.3329 of 2019 is allowed.
2. Order dated 23/07/2019 passed against defendant is recalled.
Defendant is directed to adduce evidence on next date without
fail.
3. If defendant failed to adduce evidence on next date then order
passed by this Court stands automatically vacated.
4. Notice of Motion No. 3329 of 2019 stands disposed of in above
terms.
Date: 31/08/2019 (Milind A.Bhosale)
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 31/08/2019
Typed on : 31/08/2019
HHJ signed on : 31/08/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31.08.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
31.08.2019
JUDGMENT/ORDER signed by P.O. on 31.08.2019
JUDGMENT/ORDER uploaded on 31.08.2019
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