Date: 02-03-2020
Business: Adv.Govinda Gupta for plaintiff
Adv.Akshada Pasi h/f Maneesh Dixit for defendant
Adv for plaintiff tendered affdvt of service to N/M.
As per the post track consignment the notice was delivered to the defendant on 4/12/2019. Today, Ld.Counsel for defendant is present,failed to file written reply. Hence, Notice of Motion No.4450 of 2019 is proceeded without reply of defendant.
Matter adjd to 27/4/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. Govind gupta for plaintiff
None for defendant
Adv. for plaintiff filed original NM 4450/19 @ Affidavit. Adjd to 10-02-2021 for NM arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv Govind Gupta for plaintiff present.
None for defendant.
Read the notice of motion. The defendant failed to file reply. Heard arguments on behalf of the plaintiff. No arguments on behalf of the defendant. Perused the record. It appears that the suit was dismissed in default on 21.11.19, as the plaintiff failed to tender the evidence on record. However, the affidavit of notice of motion states the reason that on 21.11.19, the authorized officer of the plaintiff was at Pune and was to appear before the Court in the Noon Session. Even the Advocate had sought permission from the court to keep back the matter in the afternoon session as the Adv. was ready to file evidence Affidavit. However, the permission was not granted and the suit was dismissed. The same contentions of the plaintiff on affidavit are unchallenged and have to be accepted particularly when the defendants failed to resist the notice of motion. That apart a statement is made at bar that the evidence affidavit along with the documents are ready to be produced on record right now. Considering all these circumstances sufficient cause is made out for failure of the plaintiff to lead the evidence on 21.11.19. Therefore, considering the same aspect and in the interest of justice to decide the matter on merits it is just and proper to restore the suit. At the same time the plaintiff must pay the cost. Hence, notice of motion is allowed and the order dated 21.11.19 of the dismissal of the suit is set aside and the suit be restored to the file on the plaintiff paying costs of Rs.2000/- to the defendants and Rs.1000/- to the State Government to be deposited in the Court.
Matter Adjd for compliance till to 19-03-2021.
Nature Of Disposal: ALLOWED
Disposal Date: 10-02-2021
