Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 28 ADD SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104450/2019
M/s. Rushabh Sealink Pvt. Ltd. Vs M/s. Apar Industries Ltd. and Ors.
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
COURT 28 ADD SESSIONS JUDGE
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