Final Order 1

Order Details: Notice of Motion
Pdf Text: 38 27.10.2021
NM 260/18
CH/S
1567/19
(SU 105/88)
Contd...
NM 260/18
CH/S
1567/19
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv. Sidhesh Borkar for plaintiff is present.
Order below NM No. 260/18
Perused the notice of motion which is supported by an
affidavit of Sirus Gorimar. Also perused the reply. Heard ld.
Adv.for the plaintiff. None appeared for the defendant. As
per order dtd. 20.08.2021, last chance was granted to
original defendant but none appeared. I have perused the
order dtd. 07.10.2016. The suit was dismissed in default as
per provisions of Order 9 Rule 3 of the CPC. This shows that
even on the date of dismissal the respondent/ original
defendants were not present. The main suit is for
declaration regarding huge amount being due and payable
by the defendant. In para no.7 of the affidavit in support
genuine and satisfactory reasons are mentioned for
condoning the delay and granting an opportunity to the
applicant to continue the suit, to be contested on merits. In
my opinion no prejudice would be caused the defendants as
they will get an opportunity to defend the suit. Hence,
considering overall circumstances for giving fair opportunity
to the applicant, in my opinion upon imposing of certain
cost to be paid to DLSA, Mumbai and in the interest of
Justice this notice of motion needs to be allowed. Hence, I
pass the following order
ORDER
Notice of Motion No. 260/18 is allowed and made absolute
in terms of prayer clause (a) to (d) subject to the applicant
paying costs of Rs. 2000/ to DLSA, Mumbai within four
weeks. Notice of motion is disposed of accordingly.
Order below CH/S No. 1567/19
Perused the chamber summons which is supported by an
affidavit and the documents. Considering the nature of the
suit and the reliefs claimed therein, the right to sue survives
in favour of the Lrs of deceased/parties to the original suit.
As the suit is going to be restored by virtue in order in
Notice of Motion No. 260/18, after its compliance and its
restoration, for continuation of the suit this chamber
summons needs to be allowed in the interest of Justice.
Hence, I pass the following order
ORDER
Chamber Summons No. 1567/19 is allowed and made
absolute in terms of prayer clause (a) to (d). After
restoration of the suit the applicant carry out amendment
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within four weeks and shall serve and supply the copy of
amended plaint upon all defendants within two weeks
thereafter. Service through electronic mode is permitted.
Judge
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