Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM 444/2020 IN COMM.
SUIT 17-2019
MHCC010010982020 Notice of Motion Filed : 28-01-2020
Registered on : 28-01-2020
Decided on : 05/05/26
Duration : 06Y/03M/07D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.444 OF 2020
IN
COMMERCIAL SUIT NO. 17 OF 2019
Murtuz Mohsin Lokhandwala and Another. )...Plaintiff
Versus
Dewan Housing Finance Corporation Limited. )...Defendant
Appearances :-
Ld. Adv. Shamim & Co. for plaintiff.
Ld. Shrivastav & Co. for defendant.
CORAM : SACHIN SURYAKANT PATIL , JUDGE
COURT ROOM NO.32
DATE : 05/05/2026.
O R D E R
1)
1. The present notice of motion is filed for setting aside exparte
order.
2. This motion is filed for setting aside exparte order passed on
11.12.2019. Writ of summons was served on 03.09.2019. The order of
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..2.. NM 444/2020 IN COMM.
SUIT 17-2019
exparte is liable to be set-aside.
3. Advocate for plaintiff argued that writ of summons was served on
03.09.2019 and present application is taken out on 23.01.2020 after
lapse of 120 days. Exparte order is passed on 11.12.2019. Therefore, this
motion is not tenable and needs to be rejected.
4. Matter is pending for notice of motion hearing since many dates.
Today defendant and Advocate are absent. From the roznama it is
evident that defendant and advocate are absent from many dates. Today
Advocate and defendant are absent. Matter is for motion hearing. Hence,
it seems that defendant is not interested in prosecuting the Notice of
Motion. Defendant has not shown any sufficient cause to set-aside the
exparte order. Hence, I pass the following order.
O R D E R
1. Notice of motion No.444 of 2020 is dismissed.
2. Notice of motion No. 444 of 2020 is disposed off
accordingly.
(Dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.32.
Date: 05/05/2026.
Dictated and typed on : 05/05/2026.
Signed by HHJ on : 05/05/2026.
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..3.. NM 444/2020 IN COMM.
SUIT 17-2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mahesh S. Lugade
Name of Stenographer05/05/26 5.30a.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
05/05/26
JUDGMENT / ORDER signed by
P.O. on
05/05/26
JUDGMENT / ORDER uploaded on 05/05/26
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