Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.142 OF 2019
IN
NOTICE OF MOTION NO.1025 OF 2019
IN
SUMMARY SUIT NO. 1388 OF 2017
M/s. A Balaji Hiring ...Plaintiff
V/s.
Sanas Cranes Pvt. Ltd. .... Applicant/
(Ori. Defendant)
Appearances:
Ld. Adv.Mr.Shahid Pathan for plaintiff.
Ld. Adv.Bharat Gadvi for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 8th April,2019
ORDER
By way of this notice of motion the applicant/defendant prayed
for setting aside the order dated 6th August, 2018 thereby don't
permitted to argue the notice of motion no. 1025/2018 on its merit.
2. In supporting affidavit of Mr.Vishal Navale on behalf of the
applicant/defendant, put forth and submitted that notice of motion was
filed by them for recalling the order dated 6th August, 2018 passed by
and kept for dismissal the notice of motion no. 105/2018. He was
Junior advocate Associated with Tejesh Dande and Associated and was
MHCC01-000-381-2019
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NM 1344/2018 .. 2 .. Suit No.290/2017
assigned to look after this matter. He was regularly attending the
Court. However when the matter was kept for hearing on 6/8/2018
and called upon at 2.45p.m. he was not able to appear before the Court
and when he appeared the matter was already called out and kept for
order of dismissal. Therefore he submitted that due to unavoidable
circumstances he was not able to appear before the Court in this matter
to put forth his submission, therefore, he tendered unconditional
apology for not appearing before the Court at the time of calling the
matter for hearing of notice of motion and sought relief that, it be heard
on merit for just decision of notice of motion no.1025 of 2018.
Therefore order dated 6/8/2018 be set aside, and notice of motion be
made absolute.
3. After service of the notice of motion upon other side,they strongly
opposed the notice of motion and submitted that if notice of motion is
to be allowed, it be subject to costs with specific instruction to argue the
matter without fail on next date.
4. Heard both sides. Reasons mentioned that, Junior advocate who
was assigned with the matter, was unable to attend the Court being
held up before the Hon'ble High Court and not appeared when called,
which was already proceeded for order of dismissal, may be the
sufficient reasons preventing him to appear before this Court when the
the matter was called. That at the same movement he must be diligent
to appear before the Court when the matter is fixed for hearing or to
make arrangement. As he has sought unconditional apology and being
a new entered advocate, associated with firm, if one chance is be given
to him to argue the matter on merit for decision of notice of motion
no.1025/2018 it will suffice the end of justice. Therefore, the order
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dated 6/8/2018 needs to be set aside with specific direction to the
learned counsel appeared for the defendant to argue the matter i.e
notice of motion no. 1025/2018 without fail on next date, else matter
will be proceeded for order. In the circumstances it may be proper to
direct the parties to bear their costs and therefore, I proceed to pass the
following order.
ORDER
1. NM no. 142/19 in NM no. 1025/2018 in Suit no. 1388/17 is
made absolute with direction to the learned counsel for the applicants/
defendants to argue the matter i.e. NM no. 1025 of 2018 without fail on
next date. Thereby the order dated 6/8/2018 is set aside.
2. Parties to bear their own cost.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 08/04/2019 City Civil Court, Gr. MUMBAI
Dictated on : 08.04.2019
Transcribed on : 09.04.2019
Signed on :
vvm/
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NM 1344/2018 .. 4 .. Suit No.290/2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.04.2019 at 2.05 p.m.
UPLOAD DATE AND TIME
(MRS.V.V.MHATRE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 08.04.2019
Judgment/order signed by P.O. on 09.04.2019
Judgment/order uploaded on 09.04.2019
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