Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM 512/2020 IN SUIT 2781/2017
MHCC010013372020 Notice of Motion Filed : 31/01/2020
Registered on : 01/02/2020
Decided on : 24/11/2025
Duration : 05 Y : 09 M : 24 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.512 OF 2020
IN
S. C. SUIT NO.2781 OF 2017 (DISPOSED OFF)
M/s. Chetana Book Depot. )...Plaintiff
Versus
Sevashram Vidyalaya )...Defendant
Appearances :-
Ld. Adv. Vaibhav Kamble for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 24/11/2025.
O R D E R
1) This notice of motion is filed for setting aside the order of
dismissal of Suit No.2781 OF 2017 dated 10.01.2020. Heard the
argument.
2) Advocate for plaintiff argued that plaintiff had filed suit
bearing No.2781/2017. It was pending for service on the defendant.
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..2.. NM 512/2020 IN SUIT 2781/2017
Then the plaintiff had prepared the Chamber Summon for service of writ
of summons on defendant from Bailiff of district of Palghar on the last
known address. It was to be filed on 10.01.2020, however, Mother of C.
A. of Plaintiff Shaji John was ill, therefore, he could not affirmed the
affidavit and could not attend the court. On 10.01.2020, the Court
dismissed the suit. Assistant Advocate for plaintiff was present, however,
the Court dismissed the suit for default. Plaintiff has good cause and
ready to proceed the matter for justice on a case of merit, the dismissal
order may to be set aside. Hence, this notice of motion.
3) On perusal of the record and proceedings, it is evident that, on
10.01.2020, the advocate for plaintiff was present, however, the Court
dismissed the suit for not taking proper steps. Thereafter, this notice of
motion filed on 31.01.2020 within time. Defendant has not appeared.
From the reason stated in the affidavit, in my view plaintiff has made out
sufficient cause for setting aside the dismissal order. Considering the
reason stated in the affidavit, I am of the view that one more opportunity
needs to be granted for adjudication of suit on merit. However,
considering the delay caused costs needs to be imposed. Matter is old.
Hence, I pass the following order :
O R D E R
1. Notice of motion No.512 of 2020 is allowed subject to
costs of Rs.2,000/- (Rupees Two Thousand only) to be paid to
DLSA within 30 days.
2. On payment of costs, Order dated 10.01.2020 shall stand
set aside and Suit No.2781 of 2017 be restored.
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3. Notice of motion No.512 of 2020 is disposed of
accordingly.
(Dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 24/11/2025.
Dictated and typed on : 24/11/2025.
Signed by HHJ on : 24/11/2025.
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..4.. NM 512/2020 IN SUIT 2781/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Ashok S. Patil
Name of Stenographer24/11/2025 04.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
24/11/2025
JUDGMENT / ORDER signed by
P.O. on
24/11/2025
JUDGMENT / ORDER uploaded on 24/11/2025
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