Final Order 1

Order Details: Other
Pdf Text: 06.01.2026
Sr. No.63
NM 157/20
IN DIS OF
SU 1644/15
CORAM :-H.H.J. SHRI SANJIV PRABHAKAR PINGLE(CR. 84)
None present.
Hence, taken up notice of motion for deciding it on its own merits
having age of 5 yrs.
Order on Notice of Motion No.157/2020
The present Notice of Motion is under the caption of dismissal
from 02-07-2025,11-09-2025,28-11-2025.
It appears that the present for Notice of Motion is taken out for
restoration of suit No.1644/15 i.e. setting aside order 19-11-2019
with permission to file affidavit of evidence of plaintiff for deciding
suit on merits.
Supporting affidavit of Ankur G. Mane is tendered, contending
that advocate of the plaintiff named Gabriyal Pillai had expired and
all the relevant case papers with the advocate. Therefore, the
necessity fail to appoint New Advocate. However, plaintiff is unware
status of the suit. Hence, in meantime suit came to be dismissed in
default.
Perused the case papers. The suit is filed by Maharashtra
Mantralay and Allied offices co-op bank ltd. Mantralay, Madam
Cama Road Mumbai 32 against defendant No.1 Ketaki Pol No.2
Poonam Deshpande and Smt. Manisha Ghosalkar for recovery of
3,64,075/- with interest at 20% towards outstanding loan amount
against the defendant No.1 employee and defendant No.2 and 3 are
the guarantors.
It appears that issues are framed on 14-06-2018. Therefore, suit
came to be dismissed.
Considering the reason of death of the advocate, it appears that
the case papers could not be obtained by the plaintiff and suit came
to be dismissed for the reasons that plaintiff failed to tender
evidence. Hence, suit came to be dismissed. Hence, suit required to
be restored as reason for not tendering evidence is due to death of
advocate of plaintiff Co op Bank. Hence, Notice of Motion
No.517/2020 stands disposed off. Accordingly, thus,I pass
following order-
Order
1. The suit is restored its original stage.
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2. Inform to Registry to restore the suit forthwith as there is no
resistance from the respondent/defendant.
Matter is adjourned to 04-02-2026 for R/E.
Judge
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