Final Order 1

Order Details: Other
Pdf Text: 1 Review Petition 25/2020 (Suit 8/19)
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
REVIEW PETITION NO.25/2020
(CNR No.MHCC01-001210-2020)
IN
NOTICE OF MOTION NO.4449/2019
IN
S.C Suit No.8/2019
1. M/s. BSB Developers
2. Mr. Abdullah Mohammed
3. Salim A. Parekh ..Petitioners/
Ori. Defendants
V/s.
1. Mr. Liyaqatali s/o. Mohamedali Patankar
2. Mr. Mohammed Saleem s/o. Habibur
Rehman Patankar
3. Mrs. Rizwana Wahab Parkar nee
Miss Rizwana d/o. Habibur Rehman
Patanka
4. Mrs. Habiba w/o. Mohammedali
Patanar
5. Mr. Firoz Ahmed s/o. Mohamedali
Patankar .. Respondents/
Ori. Plaintifs.
Appearance:-
Adv. Mr.Asif Shaikh for applicants.
None present for respondents.
CORAM : HHJ Shri V.V Vidwans
C. R. No.03
DATE : 01.2.2020.
ORAL ORDER
1. This Review Petition is fled by Ld Counsel for the
defendants by taking out Praecipi on 31.01.2020 seeking review
of order passed by this court in Notice of Motion No.4449/2019
dated 27.1.2020, copy of which is fled on record vide Ex.A.
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2 Review Petition 25/2020 (Suit 8/19)
2. After hearing Ld Counsel for the Review Petitioner/
defendants, I had called R & P of Suit 8/2019 and N/M No.
4449/2019. As per Praecipi taken out by Ld Counsel for the
defendants dated 30.1.2020, copy of review petition was served
on Ld Counsel for the plaintif on 30.1.2020 but throughout the
day on 31.1.2020, he failed to turn up before the court for
submitting reply to the review petition or for making oral
submission.
3. I have perused the review petition supported by
documents, including N/M 4449/2019 and Roznama of the
relevant dates in Suit 8/19.
4. Ld Counsel for the review petitioner/ defendants
submitted that, as per Roznama dated 18.9.2019, this Court had
heard oral submission of Ld Counsel for sometime on N/M 149/19
and matter was adjourned for production of letter of allotment
and for further hearing on N/M 149/19 on 10.10.2019.
Thereafter the matter was again adjourned from time to time on
10.10.2019 and 15.11.2019 as per Roznama. On 20.11.2019, Ld
Counsel for the defendants had fled draft notice of motion along
with afdavit and sought leave to register the same. Ld. Counsel
for the defendants had also produced allotment letter dated
20.12.2010 before the court and copy of same was handed over
to the Ld. Counsel for the plaintifs/ respondents in this
proceedings. Parties were heard by the court in the matter and
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case was adjourned to 6.12.2019 for further hearing on N/M
149/19 and for fling reply to the draft N/M taken out by the
defendants. On 6.12.2019, Ld Counsel for the plaintifs had
sought time to fle afdavit in reply to the N/M 4449/19. On the
same day, the original N/M 4449/19 was fled on record and
matter was adjourned for fling reply to the N/M 4449/19 on
13.1.2020, when the plaintif had submitted reply to the N/M
4449/19 and Ld. Counsel for the defendant argued the N/M
149/19. The matter was adjourned for order on 27.1.2020.
5. Ld Counsel for the defendants submitted that, on
27.1.2020, the Court had to pass an order on M/M 149/19.
However, due to inadvertent mistake, it was recorded in the
Roznama dated 27.1.2010 that order was passed on N/M
4449/19. Ld. Counsel submitted that, it is very much clear from
the Roznama dated 13.1.2020 that, inadvertently it was recorded
that advocate Ms. Shashikala Mahamuni for the plaintifs had
fled reply to N/M 149/19 and it was further inadvertently
recorded that, the court had heard Advocate for the defendants
on the N/M 4449/19 instead of N/M 149/19 and matter was
inadvertently recorded as adjourned for order on N/M 4449/19 on
27.1.2020. Under the above circumstances, it was submitted
that, it is clear cut case of mistake or error apparent on the face
of record and perusal of the order shows that instead of passing
order on N/M 149/19, the order appears to have been passed on
N/M 4449/19 when actual hearing is yet to take place on that
notice of motion.
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4 Review Petition 25/2020 (Suit 8/19)
6. Under the above circumstances, this is a ft case for
review of the order passed by this court in N/M 4449/19 dated
27.1.2020 and recall and set aside the said order, in the interest
of justice.
7. After perusal of the record of Suit and Roznama of Suit
8/19 and more particularly, the mention of the N/M 4449/19, by
typing mistake in the Roznama dated 13.1.2020 that the court
had heard advocate on the said N/M instead of N/M 149/19. It is
apparent and clear on the face of the record that the order
passed by this court has been inadvertently passed on N/M
4449/19, when, in fact, the said Motion is yet to be heard by the
Court. In fact, it is also clear from the Roznama that the court
had heard oral submissions of Ld Counsels for both sides on N/M
149/19 and during the course of hearing, which had taken place
on several dates, the N/M 4449/19 was taken out by the
defendants and there was mistake in the Roznama dated
13.1.2020 which resulted in passing of the order on N/M 4449/19
on 27.1.2020. It is required to be reviewed, recalled and set
aside in exercise of review jurisdiction of this court. Hence,
following order : -
ORDER
1. Review Petition No.25/2020 is hereby allowed, in
the interest of justice.
2. Order of this Court passed in N/M no. 4449/19
dated 27.01.2020 is hereby recalled and set
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aside. Consequently, N/M.No.4449/2019 is
restored to fle. Sheristedar to do the needful.
3. Ld. Counsels for both sides to take note of this
order passed by the court in review proceedings.
4. Now, N/M 149/2019 shall be taken up for passing
of necessary orders by this court on next date
i.e. 12.03.2020.
Review Petition is disposed of accordingly.
(V.V. VIdwans)
Judge, City Civil Court,
Date: 1.2.2020 Gr. Bombay (C.R. 03)
Dictated on : 1.1.2020
Transcribed on : 3.2.2020
Draft given on :- 3.2.2020
Signed on : 4.2.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/
ORDER.
UPLOADED ON : 6.2.2020
TIME: 11.00 am (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R. 03)
Date of pronouncement of Judgment/ Order 1.2.2020
Judgment/ order signed by P.O on 4.2.2020
Judgment/ order uploaded on 6.2.2020
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