Interim Order 1

Order Details: Notice of Motion
Pdf Text: Date
04.12.2024
06
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
Suit No.
1504/2007
NM
4717/2018
NM
436/2018
NM
437/2018
NM
357/2024
Exh.36
Adv. Ema Almida h/f. Adv. N. N. Shah present for plaintiff. She
tendered adjournment application. Taken on record and marked as
Exh.36.
Adv. Mangal Kadam present for defendant No.1/MHADA.
Adv. Trivedi for defendant No.2/SRA present.
Adv. Som Sinha a/w. Adv. Apurva Dalal for defendant No.3/BMC
present.
Order passed below Exh.36 (Adjournment Application)
This is a targeted case. It was filed in year 2007. Learned counsel
of plaintiff took appointment of doctor in advance, that means he
knew that he won’t be able to attend this matter today. He could
have made alternate arrangement in such circumstances but he
refrained from doing so. Hence, this application is rejected.
Order on Notices of Motion No.436 of 2018, NM No.437/2018 and
NM No.4717/2018
Today matter is fixed for hearing on notices of motion. Learned
counsel of plaintiff is absent. His junior Ema Almida is present. She
prays for an adjournment but her adjournment application Exh.36 is
already rejected on the ground that, this is an old suit of year 2007,
learned counsel of plaintiff took appointment of doctor in advance
which means he knew that, he won’t be able to attend this matter
today. He could have made alternate arrangement but he refrained
from doing so. The junior advocate Ema Almida is not prepared with
her arguments. Hence, it can be inferred that, plaintiff is not ready
to proceed with arguments in these notices of motion. This is a
targeted case as per action plan for year 2024. It cannot be
adjourned repeatedly. Roznama shows that, plaintiff is seeking
repeated adjournments. Hence, Notice of Motion No.436 of 2018,
Notice of Motion No.437/2018 and Notice of Motion No.4717/2018
are rejected.
Arguments of Adv. for defendant/BMC are heard on NM
No.357/2024.
When Adv. Ema Almida was asked whether she wants to argue on
this notice of motion. She says that her senior will reach this court
by 4.40 p.m. Matter is passed over to 4.40 p.m.
Later on at 04.45 p.m.
Adv. N. Shah for plaintiff present and prayed for hearing him on NM
No.436/2018, NM No.437/2018 and NM No.4717/2018. But those
notice of motion are already disposed off and advocate
-- 1 of 2 --
Exh.37
Exh.38
Exh.39
defendant/BMC has left the Court Hall after making his submission
on NM No.357/2024. In such circumstances request of counsel of
plaintiff cannot be entertained as those notice of motions are
already disposed off and this is a targeted case.
At this stage Advocate of defendant/BMC also came back in the
Court Hall.
Heard partly argument of learned counsel of plaintiff on NM
No.357/2024.
Advocate for plaintiff tendered 03 application at 05.45 p.m. in
respect of NM No.436/2018, NM No.437/2018 and NM
No.4717/2018 for restoration of above notice of motion. Taken on
record and marked as Exh. 37, Exh.38 and Exh.39 respectively.
Order passed below Exh.37
This is a targeted case as per action plan of year 2024. Plaintiff
was aware of this date. If he had an appointment with doctor, he
should have made an alternate arrangement to argue case. Hence,
rejected.
Order passed below Exh.38
This is a targeted case as per action plan of year 2024. Plaintiff
was aware of this date. If he had an appointment with doctor, he
should have made an alternate arrangement to argue case. Hence,
rejected.
Order passed below Exh.39
This is a targeted case as per action plan of year 2024. Plaintiff
was aware of this date. If he had an appointment with doctor, he
should have made an alternate arrangement to argue case. Hence,
rejected.
Matter adjourned for further NM Hearing to 10.12.2024.
Judge
-- 2 of 2 --