Full Order Text
Final Order 1 · 15 Jun 2019 · CNR MHCC010017752019
Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.686 OF 2019 IN S.C. SUIT NO.1234 OF 2012 Mr. Nafis Talukdar Khan ...Plaintiff Age : 42 Years, Occ. : Business, Res. at : Land Mark Society, Plot No.2/72, Room No.B/602, Sector 23, Seawood Dravde, Nerul, Navi Mumbai. V/s. 1. Kurla Scrap Merchant Association 2. Mr. Murli Dharan Raman President of Kurla Scrap Merchant Association. 3. Mr. Amrullah Khan 4. Mrs. Mohd. Jaleel M.H. Chaudhary Age : , Occ. : Business, Office at Survey No.138 & 80 Part Mankurd and Mandala, Ghatkopar Panvel Link Road, Mankhurd, Mumbai 400 043. ...Defendants Appearances : Ld. Adv. Mr. R. Shirole for plaintiff. Ld. Adv. Yuvraj Tribhuvan for defendant. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R. No.20) DATED : 15th June, 2019 MHCC010015962012 -- 1 of 3 -- NM 686/2019 .. 2 .. Suit No.1234/2012 ORDER Plaintiff has taken out this Notice of Motion for taking out the suit from dismissal caption. 2. It is argued that on 21.01.2019 the matter was listed for filing evidence affidavit on behalf of plaintiff. On that day evidence affidavit was ready but plaintiff could not tendered it as some original documents were not available. Meanwhile the Court has kept the suit for dismissal. Plaintiff is ready to proceed with the evidence. His valuable right and interest are involved in the suit. The delay was not deliberate. Therefore suit may be taken out from dismissal caption and plaintiff be allowed to file evidence affidavit. 3. The defendant has resisted this NM on the ground that despite sufficient opportunity plaintiff has avoided to file evidence affidavit. Therefore now he may not be allowed to lead evidence. 4. As per roznama on two dates plaintiff has sought adjournment for filing evidence affidavit. Now it is his submission that he is ready to file evidence affidavit. It goes to show that there was no inordinate delay on the part of plaintiff. Moreover when he is ready to lead with the evidence, there is no reason to denied. As far as possible matter must be decided on merit by giving full and fair opportunity to the parties. If the matter is decided on merit then it will set rest the controversy between the parties and will give finality to the dispute. Considering above discussion I am of the opinion that plaintiff can be allowed to proceed with the evidence. Accordingly, the order. -- 2 of 3 -- NM 686/2019 .. 3 .. Suit No.1234/2012 ORDER 1. NM No.686/19 is hereby allowed. 2. The suit is taken out from dismissal caption and plaintiff is at liberty to file evidence affidavit. ( MILIND V. KURTADIKAR ) Judge, (C.R. No.20) Dt.: 15/06/2019 City Civil Court, Gr. Mumbai Dictated on : 15.06.2019 Transcribed on : 15.06.2019 Signed on : 15.06.2019 lhd/ -- 3 of 3 --