Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 55/18 SUM.SUIT 4733/10 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.55 of 2018
IN
SUMMARY SUIT NO. 4733 of 2010
(CNR NO.: MHCC010001182018)
State Bank of India ...Plaintiff
Versus
Mr.Rafi Ahmed Haqani & Anr. ….Defendants
Appearances:
Advocate Ms.Priyanka Shetty for the Plaintiff.
Advocate Mr.Chaturvedi for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 11th SEPTEMBER 2019
ORDER
This is Notice of motion for restoration of original suit and to set
aside suit dismissal order dated 08/12/2017.
2. Heard Ld.Counsel for plaintiff. Defendants were served with
notice but they had not filed any reply to this motion.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to set aside order of dismissal of
suit?
Yes
2. What order and decree? As per final order
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NM 55/18 SUM.SUIT 4733/10 2
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.Counsel for plaintiff has submitted that plaintiff has taken
steps to serve suit summons to defendants but unfortunately defendants
were not served as the defendants has changed their address. The
plaintiff was searching for new address of defendant, in the meantime,
the suit was dismissed for default. Hence, this motion.
5. This is suit for recovery of Rs.5,30,558/ which was taken as a
loan by defendant. The public money is involved. The plaintiff has
shown readiness to serve defendants. The reason stated in the affidavit
in support of this motion are satisfactory. This application is filed within
time and therefore point No.1 is answered as 'Yes' and following order
is passed.
ORDER
1. Notice of Motion No.55/2018 is allowed.
2. The order dated 08/12/2017 of dismissal of suit is set aside
subject to cost of Rs.1000/ to be paid to District Legal Services
Authority, Mumbai.
4. Notice of Motion No.55/2018 is disposed of accordingly.
(M.S.LONE)
Judge,
Date: 11/09/2019 City Civil Court,Gr. Bombay
Dictated on : 11/09/2019
Transcribed on : 17/09/2019
Signed on : 25/09/2019
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NM 55/18 SUM.SUIT 4733/10 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 5.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
11/09/2019
Judgment/Order signed by P.O. on 25/09/2019
Judgment/Order uploaded on 15/10/2019
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