Full Order Text
Order 1 · 03 Apr 2018 · CNR MHCC010013412018
Order Details: Notice of Motion Pdf Text: NM 339/2018 IN SUIT NO.8414/2000 1 CNR NO.MHCC01 0013412018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.339 OF 2018 IN SUIT NO. 8414 OF 2000 M/s. Kwality Food & Masala Products .. .. Plaintiff V/s. Ahura Mazda Dairy Farm Pvt. Ltd. & Ors. .. .. Defendants Advocate Shri.Gogari for the Plaintiff. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asst.Judge CR No. : 32 Dated : 3rd April,2018 ORDER 1. Applicant Marol Dudh Utpadak Welfare Association taken out this motion for recalling order dated 13/12/2017 . 2. The contention of the applicant is that applicants are the depositors and investors association. The criminal case has been registered under MPID Act and the property has been seized by police. Applicants had filed the Notice of motion for impleading them as a party in the suit. On 13/12/2017 the advocate of the applicant was not present when the matter was called out, therefore, in the interest of justice the order dated 13/12/2017 be recalled. -- 1 of 4 -- NM 339/2018 IN SUIT NO.8414/2000 2 3. Plaintiff filed the reply that the notice of motion is filed by the applicant only with intention to delay the matter. Time and again such futile attempts are made by the applicant wasting precious time of this court, hence, notice of motion be dismissed with costs. 4. Inspite of the opportunity given to the learned advocate Shri.Holamagi for the applicant on 28/02/2018, 06/3/2018,09/03/2018 and 23/03/2018 failed to appear before the court when the matter is called out for hearing. It also observed by this court that when matter is called out applicant/advocate remained absent and appeared before the court at about 5.30p.m. Therefore, it appears that applicants advocate is not interested for hearing, hence, matter is taken up for order after the argument of learned advocate Shri.Gogari for plaintiff. 5. After perusal of the record and proceeding, I found that applicant had taken out Chamber Summons No. 1443/2010. The said Chamber Summons was dismissed by order dated 17.06.2011. It has been observed in the said order that the applicants has no interest in the suit property. Of course the possession claimed by the plaintiff in the suit would be subject to the orders passed in the criminal prosecution under the M.P.I.D.Act so as no order or judgment is passed in this suit. Applicants association as such by virtue running the business cannot heard in the suit upon the plaintiff's claim as the plaintiff's suit is for declaration of an agreement dated 02.07.1998 between the plaintiff and defendant is duly terminated and consequently with the relief of the possession of the factory building of the defendant and other ancillary reliefs. -- 2 of 4 -- NM 339/2018 IN SUIT NO.8414/2000 3 6. Again applicants had taken out Chamber Summons No. 1375/2013 with the identical prayer, that Chamber Summons was dismissed by order dated 02.09.2013. The earlier orders passed in the matter clearly indicates that the motion of the applicants to implead them as a party was already dismissed. Therefore, applicants have no locus standi to ask for recalling the order dated 13/12/2017. 7. Plaintiff has already filed evidence close pursis on 12/09/2014 and matter is for final argument. The notice of motion of the applicant is nothing but the abuse of process of law. The conduct of the applicant is nothing but to file the motion only with intention to protract the trial, hence, notice of motion is deserves to be dismissed with costs,. 8. In view of the above discussions, I pass the following order: ORDER Notice of Motion No.339/2018 is dismissed with costs. Dated :03.04.2018 (Pushpa N. Rao) Ad hoc Asst.Judge Bombay City Civil Court Greater Mumbai Dictation direct typed on computer on: 03.04.2018 Sign by HHJ on : 03.04.2018 -- 3 of 4 -- NM 339/2018 IN SUIT NO.8414/2000 4 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 05/04/2018 at (3.40 p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 03/04/2018 JUDGMENT/ORDER signed by P.O.on 03/04/2018 JUDGMENT/ ORDER uploaded on 05/04/2018 . -- 4 of 4 --