Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.475 OF 2020
(CNR NO.MHCC010011882020)
IN
SUIT NO. 2987 OF 2014
VRL LOGISTICS LTD. ]
A Company registered under ]
Companies Act, 1956, Having its ]
registered office at Giriraj Annex, ]
First Floor, Circuit House Road, ]
Hubli 580 029, Karnataka State ]
having its Office also at Unit Nos.7 ]
and 8, First Floor, Sector19/A, Near ]
APMC Dana Bandra, Banking ]
Commercial Complex, Vashi ]
Navi Mumbai 400 705. ].. Applicant
(Orig. Plaintiff).
IN THE MATTER BETWEEN
VRL LOGISTICS LTD. ]
A Company registered under ]
Companies Act, 1956, Having its ]
registered office at Giriraj Annex, ]
First Floor, Circuit House Road, ]
Hubli 580 029, Karnataka State ]
having its Office also at Unit Nos.7 ]
and 8, First Floor, Sector19/A, Near ]
APMC Dana Bandra, Banking ]
Commercial Complex, Vashi ]
Navi Mumbai 400 705. ]..Plaintiff.
V/s.
SHRAVAN KUMAR LALTA PRASAD ]
PANDEY, Adult, Indian Inhabitant, ]
Residing at 128/32, S.B. Chavan ]
Chawl, Opp. Sarveshwar Mandir, ]
Takiya Ward, Kurla (West), ]
Mumbai – 400 070. ]..Defendant.
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Advocate Mr. Rupes R. Lanjekar for the plaintiff.
None for the defendant.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 29th OCTOBER 2021
ORDER
The Notice of Motion is taken out for setting aside the
order of dismissal passed by this court on 23/01/2020 and for restoring
the suit to its original stage. It is the case of plaintiff that the suit is
instituted for the relief of recovery of Rs.3,02,724/ along with interest
at the rate of 24% per annum from the date of institution of the suit for
realisation of the total decreetal amount. The writ of summons was
duly served upon the defendant but defendant failed to appear before
the court. Therefore, suit procedure exparte against the defendant.
2. It is the case of plaintiff that plaintiff filed affidavit of
examination in chief on 17/02/2018 and compilation of documents at
Exhibit6 . The matter was adjourned for admission and denial. The
matter was adjourned from time to time and on 17/02/2018,
20/04/2018, 03/09/2018, 16/10/2018, 15/01/2019, 13/03/2019 and
02/07/2019. Plaintiff or his learned advocate were present on all the
dates except 17/02/2018. On 27/08/2019, plaintiff and his learned
advocate were absent. Hence, the suit was kept for dismissal order on
03/10/2019. On that day plaintiff was present but his learned advocate
was absent. As the court was busy in other matter, the suit was
adjourned 25/11/2019 and thereafter to 23/01/2020. On 23/01/2020,
learned advocate for plaintiff was busy in attending the matter in
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Hon'ble High Court. The witness for plaintiff could not attend the court
due to his personal difficulty. When learned advocate for plaintiff
mention the matter at 12 PM, he was informed that the suit was already
dismissed.
3. Learned advocate tendered apology and requested the
court for restoration of the suit. However, the request was not
considered. The copy of dismissal order was issued by plaintiff on
23/01/2020. Learned advocate immediately made application for
restoration. However, the court directed him to keep the witness
present on next day along with notice of motion for restoration. Hence,
the notice of motion came to be filed on 24/01/2020.
4. The notice of motion was duly served upon the defendant.
However, nobody appeared for the defendant.
5. I have gone through the record and proceeding. I have
heard learned advocate for the plaintiff at length.
6. Considering the notice of motion, documents on record and
submissions of learned advocate for plaintiff, following points arise for
my determination and my findings to them are as stated below for the
following reasons.
Sr.
No.
POINTS FINDINGS
1 Whether the plaintiff has proved sufficient
cause for restoration of the suit?
In the
Affirmative
2 Whether plaintiff is entitled to relief is
claimed for?
In the
Negative
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3 What Order ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
7. As all the points are related to each other, they are
discussed at once to avoid the repetition.
8. It is the case of plaintiff that he was present on various
dates. The Roznama shows that plaintiff was present on 16/10/2018,
15/01/2019, 13/03/2019. On 27/08/2019, nobody was present. Hence
my learned predecessor kept the matter for dismissal order. Again, it
was adjourned to 03/10/2019 when learned advocate for plaintiff was
present. But the matter was adjourned to 25/11/2019. It was kept for
dismissal order. On 23/01/2020, my learned predecessor dismissed the
suit. It appears that learned advocate for plaintiff mentioned the matter
after dismissal.
9. It appears from the record that the restoration application
in the form of a notice of motion came to be filed on 24/01/2020. This
shows that plaintiff was diligent enough in attending the matter. Suit
was proceeding ex parte against the defendant. In the circumstances,
considering the conduct of plaintiff, it appears that he has sufficient
cause to restore the presence suit.
10. Defendant has not appeared before the Court even in his
notice of motion though he was duly served. Hence, the contentions in
the notice of motion have gone unchallenged.
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11. In view of the above I have come to the conclusion that
plaintiff is entitled to the restoration of the suit. I answer points Nos. 1
and 2 in the affirmative and in answer to point No. 3, I proceed to pass
following order.
O R D E R
1. Notice of Motion No.475 of 2020 is hereby allowed.
2. Suit No. 2987/2014 is restored to its original stage and
it would be listed on 05/01/2022.
3. No order as to costs of this notice of motion.
4. Plaintiff shall serve the notice of date of appearance to
the defendant.
5. Notice of Motion 475 of 2020 is disposed of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 29.10.2021 Gr.Mumbai.
Dictated on : 29.10.2021
Typed on : 30.10.2021
Signed on : 08.11.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09.11.2021 AT 12.45 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
29/10/2021
Judgment/Order signed by P.O. on 08/11/2021
Judgment/Order uploaded on 09/11/2021
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