Final Order 1

Order Details: Notice of Motion
Pdf Text: By precepie.
Adv. Giriraj for plaintiff present.
Adv. Reshmi Parab for defendants present.
Draft NM along with affidavit tendered by the defendant.
Heard the Ld. Advocate for defendant and plaintiff on draft NM.
Order below draft Notice of Motion
This Notice of Motion is tendered by the defendants to treat their reply dated 26.5.2014 to the
Notice of Motion as their written statement. The Ld. counsel for the defendants submitted that in
the interest of justice the without written statement order dated 19.7.2019 be set aside and reply to
NM be treated as written statement. The Ld. counsel for the plaintiff made statement that he submit
to the order of the court.
The matter is for evidence but yet the plaintiff has not filed his affidavit of evidence. Substantial
rights of the parties are involved. As such there is no serious objection from the side of the plaintiff.
In the interest of justice, the Notice of Motion needs consideration. Hence, it is expedient to pass
following order.
ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause (a) and (b) subject to deposit
of Rs. 2,000/- to the Legal Services Authority within a period of two weeks from today.
2. Payment of costs is subject precedent.
3. On payment of costs, the reply to the Notice of Motion be treated as written statement.
4. Notice of Motion is disposed of accordingly.
5. Notice of Motion be registered for statistical purposes.
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