CVS INFRASTRUCTURE PVT. LIMITED Vs. HAZEL MERCANTILE LIMITED

JUDGEMENT

(1.) This notice of motion is taken out by the plaintiff for condonation of delay in seeking setting aside the order of dismissal, and also for restoration of the suit, dismissed for want of prosecution.

(2.) The background facts, necessary for determination of the instant motion, can be summarised as under:

(3.) An affdavit in reply is fled on behalf of the defendant. The defendant contends that there is no explanation much less reasonable for inordinate delay in taking out this notice of motion. The application suffers from delay and latches. The careless and callous conduct of the plaintiff in the matter of prosecution of the suit is evident from the fact that the suit came to be dismissed thrice for want of prosecution. The reason of illness of Advocate Kamble is of no assistance as Advocate Kamble allegedly took ill in the Month of October 2018, whereas the suit came to be dismissed for want of prosecution on 21 st March, 2018. No cause is assigned for non-appearance of either the plaintiff or the learned Counsel for the plaintiff on the day the suit came to be dismissed for want of prosecution. Thus, the notice of motion deserves to be rejected.