Final Order 1

Order Details: Notice of Motion
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MHCC010013612019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.521 OF 2019
IN
SHORT CAUSE SUIT NO.419 OF 2017
M/s. Ankit Advertising Pvt.Ltd. )...Plaintiff.
V/s.
1. M/s. First Impression Consulting Pvt.Ltd. & Ors.)...Defendants.
Appearance:-
Ld. advocate Ms. Sonali Kamble for plaintiff.
Ld. advocate Mr.Rajesh Talekar for defendants.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE : 13/03/2020(C.R.No.31)
ORDER
This is a notice motion taken out by the defendants for
setting aside dismissal order passed dated 13/12/2018 in notice of
motion no.4107/2017. This notice of motion resisted on behalf of
the plaintiff by filing its reply. Heard both the learned counsels on
behalf of both the sides at length. Perused the record.
2. During the arguments of learned counsel on behalf of the
defendants, he argued that the defendants had been filed notice of
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motion bearing no. 4107/17 in the present suit for rejection of the
plaint. The said notice of motion dismissed for want of
prosecution dated 13/12/2018. The reasons given in the affidavit
of the plaintiff in para nos.5 and 6 in support of this notice
motion. The learned counsel on behalf of the defendants has
requested that the suit of the plaintiff is not maintainable.
Therefore, this notice of motion bearing no.4107/17 is important
one. Therefore, by setting aside the order passed in the notice of
motion no. 4107/17 dated 13/12/2018 may kindly be set aside.
The advocate for the defendants has ready for arguments of their
notice of motion no. 4107/2017.
3. The learned counsel on behalf of the plaintiff has submitted
that the present suit came to be filed by the plaintiff in the year
2017. The defendants with an intention to prolonging the matter,
filed the notice of motion no. 4107/17 for rejection of the plaint.
The reasons mentioned in the affidavit of the defendants in
support of notice of motion is false. On these grounds, the learned
advocate on behalf of the plaintiff has requested that the present
notice of motion taken out by the defendants may kindly be
dismissed.
4. On perusal of the record and after hearing the arguments
advanced on behalf of both the sides at length, it appears to me
that the present suit filed on behalf of the plaintiff for recovery of
an amount of Rs. 25,10,800/-. The notice of motion taken out by
the defendants bearing no.4107/17 for rejection of the plaint is
also important to decide. Considering reasons mentioned by the
defendants in their affidavit in para nos. 5 and 6 that by
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inadvertence the advocate attending the matter did not note down
the next date of the matter in his diary and thereafter since the
next date was not recorded in the diary, the following dates of
hearing were also missed out. As the dates were not recorded the
advocate by over lost sight missed to attend the matter on the
dates of hearing.
5. Considering the reasons mentioned in the affidavit of the
defendants in their notice of motion, I am of the opinion that
order passed dated 13/12/2018 in notice of motion no.4107/17
may be set aside by imposing some costs. Therefore, I inclined to
allow this notice of motion. Hence, I proceed to pass following
order.
ORDER
1. The defendants notice of motion no.521/2019 is hereby
allowed as prayed for subject to cost of Rs.1,000/-.
2. The defendants shall deposit cost amount of Rs.1,000/- to the
office of District Legal Services Authority, Mumbai.
3. Notice of motion no. 521/2019 is disposed off accordingly.
(R.V.Kokare)
Judge,
Date : 13/03/2020 City Civil Court, Gr. Bombay.
Dictated on: 13/03/2020
Transcribed on:13/03/2020
Signed by HHJ: 13/03/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
13/03/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V. Kokare(CR No.31)
Date of Pronouncement of Judgment/
Order
13/03/2020
Judgment/order signed by P.O on 13/03/2020
Judgment/order uploaded on 13/03/2020
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