Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.202 OF 2020
IN
SUIT NO.4629 OF 2008
H.C.SUIT NO.2759 OF 2008
Ravikumar Ashokmal Lodha ... Plaintiff
V/s
1. Edelweiss Securities Limited
2. ICICI Prudential Asset
3. Computer Age Management Services Pvt.Ltd. ... Defendants
APPEARANCE:
Advocate B.N.Jadhav for plaintiff.
Advocate for defendant no.1 present.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 04th February, 2020
ORDER
Heard Ld. counsel for plaintiff and defendant
Perused Notice of Motion @ affidavit in reply filed by defendant
no. 1.
Plaintiff has taken out Notice of Motion on the ground that he
was advised bed rest and due to his mother sudden illness he could not
remain present in morning sessions and therefore, suit was dismissed in
default. It is further submitted that his absence is neither intentional nor
deliberate due to unavoidable circumstances, he failed to appear before
the court and order was passed and suit was dismissed by the court.
Lastly, it is prayed that order of dismissed may be recalled and suit be
restored.
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Defendant no.1 filed written reply and registered no objection to
the present Notice of Motion taken out by the plaintiff. It is contended
by the defendant no.1 that without prejudice to the right of defendant
no.1 and without prejudice to any allegation made by the plaintiff to
the present Notice of Motion and present suit.
Defendant nos.2 and 3 remained absent in spite of service
through Email sent by plaintiff they failed to contest Notice of Motion
by filing written reply.
Heard Ld counsel B.N.Jadhav for plaintiff and advocate for
defendant no.1. Perused suit record admittedly present suit is old one
and plaintiff has failed to take steps to try suit as early as expeditiously.
Several time opportunity were given to the plaintiff to adduce evidence
and to take further steps to try the suit as early as expeditiously.
However, plaintiff failed to adduce evidence on the ground that his
mother was suffering from terrible cough and bronchitis and he was
injured and advised bed rest and because of that he failed to attend the
matter and suit was dismissed. In support of medical ground the
plaintiff has filed medical certificate which is issued by Breech Candy
Hospital. After perusal of medical certificate it disclosed that mother of
plaintiff was taking medical treatment at the relevant time and
therefore, because of medical treatment he could not remain present
before the court and suit was dismissed. However, the defendant no.1
register no objection to restore suit by setting aside dismissal order. In
view of above facts and circumstances I come to conclusion that due to
the genuine reason plaintiff failed to attend the matter and hence I
proceed to pass following order.
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ORDER
1) Notice of Motion No.202 of 2020 is made absolute in terms of
prayer clause (a) and (b).
2) After restoration plaintiff is directed to sent notice to the
defendant nos.1 to 3.
Date:04/02/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 04/02/2020
Typed on : 04/02/2020
H.H.J.Signed on : 04/02/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
04/02/2020
JUDGMENT/ORDER signed by P.O. on 04/02/2020
JUDGMENT/ORDER uploaded on 04/02/2020
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