Single-judge noticing of motion granted the defendant's prayer to set aside the order dismissing its counter-claim for default served on the plaintiff, in the absence of opposing affidavits.
Notice of Motion to set aside the order dismissing the counter-claim for default is granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
NOTICE OF MOTION NO.1036 OF 2004
IN
SUIT NO.306 OF 1967
Urban Improvement Co.Pvt.Ltd. ...Plaintiffs
v/s.
Union of India ...Defendant
None for the Plaintiffs.
Mr.S.R.Rajguru for the Defendant.
CORAM: D.K.DESHMUKH, J.
DATED:18TH FEBRUARY,2005
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P.C.:
1. This Notice of Motion is taken out by the
Defendant for setting aside the order dismissing the
counter-claim submitted by the Defendant for default.
2. The learned Counsel for the Defendant states that
the Plaintiff has been served. He has filed
affidavit of service. None appears for the
Plaintiff. There is no affidavit in reply filed. In
the absence of any reply, accepting the averments
made in the affidavit filed in support of the Notice
of Motion at their face value, this Notice of Motion
is granted in terms of prayer clause (a). Notice of
Motion disposed of.
1 issue framed by the court
Whether to set aside the order dismissing the counter-claim submitted by the defendant for default.
Urban Improvement Co. Pvt. Ltd.
Union of India
D.K.Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court