Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF HHJ Shri. S.C. Pathare
COURT 5 ADDL SESSIONS JUDGE
Case No.: NOTICE OF MOTION / 100422 / 2018 CNR Number: MHCC010016742018
Mohammedali Taherali Merchant Vs MCGM
Shri J. V. Parmar Advocate /
Todays Date Roznama Next/Disposal Date
06-07-2019
Plaintiff present. Adv.absent.
Adv.Smt.Rawade for defendant/MCGM present.
ORDER ON NM NO.422/2018
1.Heard Adv.of plaintiff and Adv.of defendant.
2.Plaintiff seeks to restore the suit dismissed for want of
prosecution on 08.09.2016.
3.It is contended that the suit is dismissed for want of
prosecution because of the fault of advocate. It is
submitted that there is delay of 14 weeks. It is contended
that in the interest of justice the suit be restored.
4. The Corporation had objected for restoration of suit.
5. Suit was dismissed as Plaintiff had failed to lead
evidence.
6. In order to give fair opportunity to the Plaintiff to
context the suit, the suit deserves to be restored.
ORDER
1. The Notice of Motion No.422/2018 is allowed.
2. The suit is restored.
3. The Plaintiff is directed to pay cost of Rs.1,000/- to the
District Legal Services Authority within 3 weeks from the
date of order.
ALLOWED: Proceeding is closed
Judge
06-07-2019
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