Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 433 of 2018
CNR MHCCO10017022018
IN
L.C.SUIT NO. 2791 OF 2017
CNRMHCC01013013201 7
Gunwant Shah )...Plaintiff.
V/s.
The Municipal Corporation of Greater
Bombay and Anr. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 02/02/2018.
Ld.Adv. Ms. Joshi for the plaintiff
Ld. Adv.Mr. Kumawat for the BMC/defendant
ORAL ORDER
This notice of motion is taken out by the plaintiff for
restoration of dismissed Notice of motion no. 4241 of 2017. It is
supported by an affidavit. The Mumbai Municipal Corporation of
Greater Mumbai ( in short 'MCGM') has strongly opposed the notice of
motion by filing say.
2. Heard both the sides.
3. On perusal of roznama dated 31st January, 2018. it
appears that, on that day none appeared on behalf of the plaintiff and
therefore the notice of motion no. 4241 of 2017 was dismissed.
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Admittedly, the said notice of notion was not heard on merits. It is a
matter of record that till the date of dismissal , the protection was
running in favour of the plaintiff. It is submitted that the advocate was
busy in another Court and therefore could not attend the matter. Busy
in another Court is not the ground for adjournment as per the Civil
Procedure Code. Be that, as it may, now the plaintiff is ready to argue
the dismissed motion on merits. Under these given circumstances one
opportunity needs to be given to the plaintiff by restoring the notice of
motion subject to payment of certain costs be paid to the District Legal
Services Authority, Mumbai. Hence, I pass the following order.
ORDER
1. Notice of Motion no. 433 of 2018 is allowed and
made absolute in terms of prayer clause (a) subject to the
conditions that the plaintiff shall pay the cost of Rs.1000/
to the District Legal Services Authority, Mumbai within
one week.
2. After payment of cost, notice of motion no.4241 of
2017 be restored to its file.
3. Till the next date, the protection granted in the
suit is continued.
4. Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal )
Asstt. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:02/02/2018.
Dictated on : 02/02/2018.
Transcribed on : 03/02/2018.
Signed on : 12/02/2018
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date And
Time at 14/02/2018 at 1.00 noon
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.08)
Date of Pronouncement of
JUDGMENT / ORDER
02/02/2018
JUDGMENT / ORDER signed by
P.O.on
03/02/2018
JUDGMENT / ORDER uploaded on 14/02/2018
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