Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO. 82/2019
MHCC010001932019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 82 OF 2019
IN
NOTICE OF MOTION NO. 667 OF 2018
IN
SUIT No. 510 OF 2017
(H.C. SUIT No.139 OF 1998)
Banvarilal Chatrapal Valmiki ...Plaintiff
Vs.
1. Raju Banvarilala Valmiki & Anr. … Defendants
Appearance
Learned Advocate Mr. Nitesh Bhutekar for the plaintiff.
Learned Advocate Mr.Rafiq Khan for the defendants.
CORAM : HHJ Rajesh A. Sasne
(C.R.NO.62)
Date : 2nd May, 2023
O R D E R
This notice of motion is taken out by the plaintiff to set
aside the order dated 16.11.2018 dismissing notice of motion
No.667/2017.
2. The motion is opposed by the defendant by reply.
3. Heard learned Advocate for the plaintiff and learned
Advocate for the defendants. Advocate for the defendants submits that
his reply be treated as is argument. Read the roznama dated
15.11.2018. As the plaintiff remained absent and the defendant was
present for hearing of notice of motion No.667/2017 my predecessor
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2 N/M NO. 82/2019
was pleased to dismiss the motion No.667/2017 for default. It is the
contention of the plaintiff that he was suffering from heart disease and
he was not able to attend the date of hearing. Advocate for the plaintiff
was held up in another case which resulted into dismissal of the motion.
The Advocate engaged in another court cannot be ground for setting
aside the order of dismissal. However, it is required to be considered
that said motion was filed in the year 2018. For non prosecution it was
dismissed on 16.11.2018. The plaintiff is ready to proceed with said
motion. It is his contention that he was suffering from heart disease.
Under these circumstances, I am of the view that opportunity shall be
given to the plaintiff, however, it shall be subject to costs. Hence, I pass
following order:
ORDER
1. Notice of motion No.82/ 2019 is allowed subject to costs
of Rs. 2000/ (Rupees Two Thousand only).
2. The order dated 16.11.2018 dismissing notice of
motion No.667/2017 is set aside and said motion
be restored to its original file.
3. Compliance as to payment of costs shall be made on
or before next date.
4. Costs shall be paid to the defendant.
5. Notice of motion is disposed of accordingly.
Date : 02.05.2023
(Rajesh A. Sasne)
Judge
City Civil Court,
Mumbai
Dictated on : 02/05/2023.
Transcribed on : 03/05/2023.
Signed on : 06/05/2023.
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3 N/M NO. 82/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08/05/2023 at 11.00 a.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE
(C.R.No.62)
Date of pronouncement of Order 02/05/2023
Order signed by P.O. on 06/05/2023
Order uploaded on 08/05/2023
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