Order 1

Order Details: Notice of Motion
Pdf Text: NM478/2018 : 1 : L.C.Suit.No.125/2013
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.478 OF 2018.
IN
L.C.SUIT NO. 125 OF 2013.
Maharashtra Labour Welfare Board }
having Central Office at Hutatma }
Babu Genu Mumbai Gimi Kamgar }
Kreeda Bhuvan, Senapati Bapat }
Marg, Elphinston, Mumbai400013. }
And }
2nd October Centre at Shivsena }
Nagri Sakha No.4, Shiv prasad }
Gruhanirman Sanstha, }
Jerbai Wadia Road, }
Sewree, Mumbai400015... } .. Plaintiff.
Versus.
The Chairman/Secretary, }
Shivisena Nagri Sakha No.4, }
Shiv prasad Gruhanirman Sanstha, }
Jerbai Wadia Road, }
Sewree, Mumbai400015..& Ors... .. } .. Defendant.
Ld. Advocate Mr. Patel for the Plaintiff.
Ld. Advocate Mr. Hamid for DefendantNo.2.
Ld. Advocate Mrs. Chavan for DefendantNo.3.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 22 ND FEBRURY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this notice of motion for restoration of
suit.
2. According to plaintiff, present suit is filed for declaration and re
construction of the suit premises. According to him, his advocate was
busy in Small Causes Court, Bandra Branch on 20/01/2018. The issues
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NM478/2018 : 2 : L.C.Suit.No.125/2013
are not framed. However, the suit is dismissed. Therefore, prayed to
set aside dismissal order.
3. Defendants resisted the motion and according to defendant, suit
is old and prayed to reject motion.
4. I have heard both the sides.
5. I have perused the record.
6. On 20/01/2018, plaintiff was not present. However, according
to plaintiff, his advocate was busy in Small Causes Court, Bandra
Branch. Thus, this is sufficient ground to restore the suit. Hence, I pass
the following order :
O r d e r
1. Notice of Motion No. 478 of 2017 is hereby
allowed.
2. Suit bearing No. 125 of 2013 is hereby restored as
its original stage under Order9 Rule 4 of Civil
Procedure Code.
Date : 22.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :22.02.2018.
Typed on : 22.02.2018.
Signed by HHJ. : 22.02.2018.
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NM478/2018 : 3 : L.C.Suit.No.125/2013
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
22.02.2018 /4.30 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
22.02.2018.
JUDGEMENT/ORDER signed
by P.O. on
22.02.2018
JUDGEMENT/ORDER
uploaded on
22.02.2018
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