Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.6752020 ORDER 1
MHCC010017342020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.675 OF 2020
IN
SUMMARY SUIT NO.894 OF 2017
(HIGH COURT SUIT NO.1572 OF 1994)
Ferguson Group Singapore Pvt. Ltd … Plaintiff
Vs.
1. Arambhan Hospitality Services Ltd
2. Alfred Micheal Arambhan
3. Nalini Maria Arambhan and Ors. … Defendants
Appearances:
None for plaintiff.
Ld.Adv.Mr.Bimal Bhabda for Defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 10th December 2021
ORDER
1. This Notice of Motion is filed by defendant and requested to
recall the order dated 13/9/2019 passed by this Court in Notice of
Motion no.4135/17. The defendant submitted that he tried his level
best to appear on record but because of some unavoidable reasons he
could not attend the Notice of Motion. Therefore, court has dismissed
the said Notice of Motion for want of prosecution. The defendant has
filed affidavit on record to show that copy of this Notice of Motion is
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NM No.6752020 ORDER 2
served on plaintiff. The plaintiff remained absent and not filed say.
Heard learned advocate of defendant on Notice of Motion. Before
proceeding ahead, it is necessary at least to go through roznama of the
motion proceeding. From Roznama it appears that on 15/11/2017 the
defendant has tendered Notice of Motion No.4135/17 thereafter it was
kept for hearing for so many dates. But no one has attended, lastly, the
Notice of Motion is dismissed on 13/9/2019 for want of prosecution,
because no one from side of defendants was attending the Notice of
Motion . The Notice of Motion is filed on 15/11/2017. It is dismissed on
13/9/2019, it means 2 years time was there for defendants to attend
the said Notice of Motion. Some time the advocate for defendant has
given his presence marked at that time Notice of Motion was listed for
hearing lateron again no one has attended Notice of motion from the
side of defendant. Therefore, in compelling circumstances Court has
dismissed Notice of Motion. Now, by putting general reasons the
defendant wants to restore the earlier Notice of Motion. The said
restoration Notice of Motion is served on plaintiff, but he remained
absent. Already suit was posted for exparte Judgment that time all of a
sudden defendant appeared and filed this Notice of Motion for
restoration of his earlier Notice of Motion. The reasons given from the
side of defendant for delay are not acceptable. Therefore, for causing
delay in original suit the defendant would have to compensate to the
plaintiff. However, considering nature of suit it is desirable to grant one
opportunity to defendant to contest the suit by restoring Notice of
Motion No.4135/17. Accordingly, following order is passed:
ORDER
1. Notice of Motion No.675 of 2020 is made absolute.
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NM No.6752020 ORDER 3
2. The defendant to pay costs of Rs.2,000/ to the
plaintiff within 15 days from the date of order. After
payment of costs Notice of Motion No.4135/17 be restored
to its original stage.
3 Notice of Motion No.675 of 2020 stands disposed
of accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 10/12/2021 City Civil Court, Gr. Bombay
Dictated on : 10/12/2021,
Transcribed on : 14/12/2021,
HHJ signed on : 15/12/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
15/12/2021 12.40p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
10/12/2021
JUDGEMENT /ORDER signed by P.O. on 15/12/2021
JUDGEMENT /ORDER uploaded on 15/12/2021
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