Mansingh M. Nayak v. Asif Raza Khan

26-nms-1503-2013 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1503 OF 2013 IN SUMMONS FOR JUDGMENT NO. 295 OF 2011 IN SUMMARY SUIT NO. 1447 OF 2011 Mansingh M. Nayak ... Plaintiff vs Asif Raza Khan ... Defendant None for the Applicant.

Ms.Prachi Mhatre i/b. M/s. Shiralkar & Co. for the Respondent. CORAM : A.K. MENON, J.

th AUGUST, 2018 DATE : 29 P. C.

1.

None for the defendant / applicant. By this notice of motion the defendant seeks setting aside of an ex-parte decree passed on 31 st January, 2012 by which a summons for judgment was made absolute. The motion was first listed on 5 th September, 2013 and has thereafter been adjourned from time to time, initially because the motion was still on lodging number and thereafter in order to enable the plaintiff to proceed with the matter.

2.

On 21 st December, 2016 the Court granted a liberty to the plaintiff to proceed with the motion and adjourned the same to 5 th January, 2017. Thereafter the matter was listed before this Court on 18 th June, 2018 when the Advocate for the plaintiff

26-nms-1503-2013 sought time to file a rejoinder. Time was accordingly granted. Rejoinder dated th June, 2018 has since been filed. Thereafter on 2 nd July, 2018 the matter was adjourned by consent to 9 th July, 2018 for hearing but it did not reach for want of time. The matter has since been taken up today. However, the defendant / applicant and their Advocate are absent. In the circumstances, I pass the following order; (i) Notice of motion is dismissed for default. (ii) No costs.

(A.K. MENON, J.) Digitally signed by Rajeshwari Ramesh Pillai Date:

2018.08.31 11:34:53 +0530 Rajeshwari Ramesh Pillai