Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.63/2020
MHCC010001652020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.63 OF 2020
(CNR NO.MHCC01-000165-2020)
IN
S. C. SUIT NO.2344 OF 2014 (DISPOSED OF)
IN THE MATTER OF :
M/S. ROHIT & COMPANY )...APPLICANT
VERSUS
M/S. HSB INDUSTRIES AND )
OTHERS )...RESPONDENTS
Appearances :-
Learned Advocate Aanchal Jain instructed by Law Chambers of Siddharth
Murarka for applicant/plaintiff.
None for respondents/defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15
DATE : 25/08/2023.
ORDER
1 This notice of motion is taken out by applicant/plaintiff to
restore S. C. Suit No.2344/2014 and to set aside the order of dismissal
passed on 22/11/2019, contending that settlement talks were going on,
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therefore, the advocate for applicant/plaintiff had sought time for few
days. On the date on which the suit was dismissed, the advocate for
plaintiff also applied for adjournment, but the Court had dismissed the
suit in default for want of adducing evidence. It is further contended
that now the matter is settled between the parties and the
applicant/plaintiff wants to submit the settlement term before the Court
in the suit, therefore, the restoration of suit is necessary.
2 The plaintiff served the notice of motion upon the
respondents/defendants and filed service affidavit, which shows that
the notice is served through email, but none of the defendants
appeared.
3 Heard learned advocate for applicant/plaintiff.
4 It is fairly submitted that after restoring, the suit be kept for
Lokadalat. On that day, they will submit their consent terms or plaintiff
will withdraw the suit. It is contended that the submission of settlement
terms in the suit is necessary, so as to obtain the consent decree to avoid
legal consequence. It cannot be tendered in the notice of motion.
Considering the fact that on the date of dismissal, the learned advocate
was present and the settlement talk was in progress and that the
respondents/defendants remained absent, though served with the
notice. I am of the view that the contentions and submissions advanced
by the learned advocate for applicant/plaintiff deserves to be accepted
as correct. Hence, I proceed to pass the following order :-
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..3.. NM No.63/2020
ORDER
1. Notice of motion No.63/2020 in S. C. Suit
No.2344/2014 (disposed of), is hereby allowed.
2. Order dated 22/11/2019, stands set aside.
3. S. C. Suit No.2344/2014 is restored to its original
stage.
4. After the restoration, suit be placed before the
Lokadalat on 09/09/2023.
5. Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 25/08/2023 C.R. No.15
Dictated on : 25/08/2023
Transcribed on : 28/08/2023
Signed by HHJ on : 28/08/2023
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“Certified to be true and correct copy of the original signed order”.
29/08/2023
at about 04.52 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 25/08/2023
Order signed by Hon'ble Judge on : 28/08/2023
Order uploaded on : 29/08/2023
at about 04.52 p.m.
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