Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 441 OF 2018
CNR MHCC010017622018
IN
L.C.SUIT NO. 516 OF 2012
CNR MHCC010006612012
Shri Umesh Shivram Pawar )...Plaintiff.
V/s.
The Municipal Corporation of Greater
Mumbai )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 07/03/2018.
Adv. S.K.Dueby for the plaintiff.
Adv. Giri for the BMC/defendant.
ORAL ORDER
This notice of motion is taken out by the plaintiff for
restoration of dismissed suit no. 516 of 2012. It is supported by an
affidavit being executed by original plaintiff Umesh Shivram Pawar.
The defendant/ Municipal Corporation of Greater Mumbai (in short
MCGM' ) has strongly opposed the notice of motion by filing reply on
affidavit being executed by Mr. Harshad Nalawade.
2. Heard both the sides.
3. On perusal of roznama dated 20th January, 2018, the suit
was dismissed as per the provisions of Order 9 rule 8 of the Civil
Procedure Code in a Special drive. Within 10 days, the plaintiff has
taken out this notice of motion for restoration . It is submitted that, on
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18/01/2018 , the plaintiff was not well and his contentions is supported
by medial certificate . It is submitted that, therefore he could not lead
evidence on that date. It is further submitted that, plaintiff is ready to
file his affidavit evidence and contest the suit on merits. The original
suit is more than five years old. Under these circumstance, before
restoring the suit, certain conditions viz depositing of costs with the
District Legal Services Authority, Mumbai and Case management
hearing needs to be passed. Such orders is necessary so that , there
should not be any further delay in the disposal of the suit. Considering
the reasons mentioned in the affidavit in support of notice of motion
and for giving fair opportunity, I pass the following order.
ORDER
1. Notice of Motion No. 441 of 2018 is allowed and
made absolute in terms of prayer clause(a) subject to the
conditions that the plaintiff shall pay the costs of Rs.1000/
to the District Legal Services Authority, Mumbai within
the period of one week from today.
2. After payment of cost, the Suit no. 516/12 be
restored to its original position and on 19/3//2018, the
plaintiff shall file the affidavit of evidence. The case shall
be fixed for cross examination of PW no.1 on 2nd April,
2018. The plaintiff shall not seek any further
adjournments.
3. Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:07/03/2018.
Dictated on : 07/03/2018.
Transcribed on : 07/03/2018.
Signed on : 08/03/2018.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: NAME OF STENOGRAPHER
09.03.2018 Mrs. V.V.Mhatre
TIME:.5.25p.m.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.08)
Date of Pronouncement of
JUDGEMENT/ORDER
07.03.2018
JUDGMENT/ORDER signed by
P.O. on
08.03.2018
JUDGEMENT/ORDER uploaded on 09.03.2018
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