Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 219/2020 in Suit No. 2771/2015 1 ORDER
MHCC010005432020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 219 OF 2020
IN
S.C. SUIT NO. 2771 OF 2015
M.S.R.T.C. … Plaintiff
V/s
Vijayanand Gayaramji Bole … Defendants
Appearances:
Ld. Advocate Mrs. Patti for plaintiff present.
None for defendant.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO. 15)
DATE : 02nd May, 2022.
ORDER
The said Notice of Motion is filed by plaintiff with request to
set aside order 21112019 i.e. dismissing the suit for want of
prosecution. Along with said Notice of Motion, the plaintiff has filed
affidavit of service to show that said Notice of Motion is served on
defendant. Inspite of service the defendant failed to file reply.
2. The plaintiff has filed Notice of Motion to set aside order dated
21112019. On 21112019 the plaintiff has not taken any step,
therefore, the suit has been dismissed. Before dismissal of the suit from
long back it was pending for evidence of plaintiff. Roznama disclosed
that issues are frame on 11062018, from then the suit was pending for
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NM No. 219/2020 in Suit No. 2771/2015 2 ORDER
evidence of the plaintiff. But without any reason the plaintiff failed to
proceed with the suit. Though the plaintiff has filed Notice of Motion on
03012020, after dismissal of the suit. There is no too much delay
between dismissal and tendering Notice of Motion, but earlier record
shows that sufficient time and opportunities were granted to the
plaintiff but without any reason the plaintiff has prolong the suit. Even
in Notice of Motion, the plaintiff has not given any satisfactory reason.
But considering, relief requested by plaintiff one opportunities needs to
be granted, subject to cost. Accordingly, following order is passed :
F. R. S. R. following order is passed:
ORDER
1. Notice of motion No. 219 of 2020 is allowed.
2. The plaintiff to deposit cost Rs. 5000/ (Rupees Five Thousand Only)
which will be credited to state.
3. After deposit of the cost the suit will be restore to its original stage
and its original number.
4. Plaintiff to intimate restoration of suit to other side.
(C.V. PATIL)
Adhoc Judge,
Date : 02/05/2022. City Civil Court, Gr. Bombay
Dictated on : 02/05/2022.
Transcribed on : 02/05/2022.
HHJ signed on : 04/05/2022.
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NM No. 219/2020 in Suit No. 2771/2015 3 ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
05/05/2022 11.45 am Mr. Jitesh Suresh Shinde
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 15)
Date of Pronouncement of JUDGEMENT
/ORDER
02/05/2022
JUDGEMENT /ORDER signed by P.O. on 04/05/2022
JUDGEMENT /ORDER uploaded on 05/05/2022
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