Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.678 OF 2019
IN
S.C.SUIT NO.7477 OF 2002
Mustan Abdul Hussain Tambawala … Applicant
IN THE MATTER BETWEEN
M/s. Snageeta Ramchand ... Plaintiff
Versus
Mustan Abdul Hussain Tambawala ... Defendant
CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR
(COURT ROOM NO.9)
DATE : 20th JUNE, 2019
Advocate Bhagyashree Patil for Plaintiff.
Advocate Dilip Gohil for Defendant.
O R D E R
1. This notice of motion is taken out by defendant for
recalling order dated 08/10/2008 by which Notice of Motion No.2541
of 2018 was dismissed for default.
2. Perused affidavit filed in support of notice of motion and
affidavit of reply filed on behalf of plaintiff. It is contended that the
impugned disputed order was passed on 08/10/2018, however it is
wrongly typed the date in prayer clause(a) of this notice of motion is
08/10/2008. On this ground itself, according to plaintiff, notice of
motion taken out by defendant is necessary to be dismissed. While
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arguing for notice of motion, defendant's advocate submitted that he
may be permitted to make the correction in prayer clause(a) of the
notice of motion. However, the mistake committed is pointed out by
plaintiff in his reply. Hence, if defendant will be permitted to make
correction in prayer clause(a) of notice of motion it will cause prejudice
to plaintiff. As such it becomes clear that the notice of motion taken out
by defendant cannot be allowed. However liberty can be given to
defendant to file fresh notice of motion for the prayers made in this
notice of motion by mentioning correct date of disputed order which
according to defendant is necessary to be recalled. Hence, I proceed to
pass the following order.
O R D E R
Notice of Motion No. 678/19 stands dismissed/disposed with
liberty to defendant to file fresh notice of motion for prayer
clauses of this notice of motion by giving correct date of disputed
order which is necessary to be recalled as contended by the
defendant.
Sd/
(K.P.NANDEDKAR)
20/06/2019 JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 20/06/2019
Transcribed on : 26/06/2019
Signed by HHJ on : 01/07/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/07/2019 3.30PM B.R.HATEKAR S.G.
Name of the Judge HHJ Shri K.P.NANDEDKAR(CR No.9)
Date of Pronouncement of Judgement/Order. 20/06/2019
Judgement/order signed by P.O on 01/07/2019
Judgement/order uploaded on 03/07/2019
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