Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 95 of 2018
CNR MHCCO10023642018
IN
L.C.SUIT NO. 586 OF 2015
CNR MHCC01000305201 5
Sunil Balu Thorat )...Plaintiff.
V/s.
The Municipal Corporation of Greater
Bombay and Anr. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 09/01/2018.
Ld. Advocate Mali for the plaintiff
Ld. Advocate Tadvi for BMC/defendant
ORAL ORDER
This notice of motion is taken out by the plaintiff for
restoration of the suit supported by an affidavit. The defendant/
MCGM has strongly opposed the notice of motion. It is the matter of
record that as the plaintiff was no attending the court therefore the suit
was dismissed in default for want of prosecution as per the provisions of
Order 9 rule 8 of the Civil Procedure Code on 8th September, 2017. It is
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submitted that, initially another advocate was appearing in the matter
and for the reasons mentioned in the affidavit, the plaintiff could not
attend the suit. Now the plaintiff' intends to contest the suit on merit
and he is ready to file his evidence. Record transpires that after about
five dates the matter was fixed for dismissal and thereafter the matter
was dismissed for this reason, in my opinion some costs needs to be
imposed upon the plaintiff to be paid to the District Legal Services
Authority, Mumbai. The suit can be restored for giving fair opportunity
and for trying it on merits. Hence I pass the following order.
ORDER
1. Notice of Motion no. 95 of 2018 is allowed and
made absolute in terms of prayer clause (a) upon the
condition that the plaintiff shall pay the cost of Rs.500/ to
the District Legal Services Authority, Mumbai within two
weeks.
2. After payment of cost, Suit no. 586/15 be
restored to its file.
3. Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal )
Asstt. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:09/01/2018.
Dictated on : 09/01/2018.
Transcribed on : 10/01/2018.
Signed on : 12/01/2018
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date And
Time at 12/01/2018 at 3.02p.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.08)
Date of Pronouncement of
JUDGMENT / ORDER
09/01/2018
JUDGMENT / ORDER signed by
P.O.on
12/01/2018
JUDGMENT / ORDER uploaded on 12/01/2018
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