Final Order 1

Order Details: Notice of Motion
Pdf Text: (56)
22.09.2022
Sum 1183/15
NM 3628/19
CS 1748/19
CORAM : DR. SHRI. S. D. TAWSHIKAR (C.R. No.61)
Adv. O P Singh for plaintiff present.
None for defendant.
In spite of specific order dated 19.08.2022 intimating the defendant
that in case he fails to appear and work out the pending notice of
motions and chamber summons would be dismissed in default.
Learned advocate for plaintiff points out that exparte evidence was
passed on 19.08.2017. Thereafter, defendant had appeared on
12.12.2017. As the appearance of defendant was belated his VP was
not taken on record. Therefore, defendant moved notice of motion
on 01.03.2019 seeking condonation of delay. As the defendant
remained absent, the notice of motion no.1120 of 2019 came to be
dismissed on 31.08.2019.
Learned Advocate for plaintiff further points out that the defendant
thereafter moved notice of motion no.3628 of 2019 as well as
chamber summons No.1748 of 2019 on 09.09.2019. However,
defendant failed to argue notice of motion as well as C/S. He prays
to dismiss the both in default.
In view of the submission of learned Advocate for plaintiff and the
order dated 19.08.2022, it appears that the defendant is deliberately
avoiding hearing of pending NM and C/S. Therefore, it would be
just and proper to dismiss the same in default. Hence, the order
Notice of motion no.3628 of 2019 and chamber summons
no.1748 of 2019 stands dismissed in default and disposed of
accordingly.
Judge
Matter adjourned to 28.11.2022 for exparte evidence.
Judge
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