Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 N/M No.542/2018 in Su.463/2016
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010020872018
NOTICE OF MOTION NO.542/2018
IN
SUIT NO.463 OF 2016
Praful Balwant Borkar ...Plaintiff
V/s.
1. Sunil Kumaran and anr ...Defendants
Adv. Ms. Prabha Patil for plaintiff.
None for the defendants.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 21.2.2019.
ORDER
(Dictated in open court)
By this notice of motion, the plaintiff is praying to restore
the suit No.463 of 2016 alongwith injunction order passed in said suit.
2. Heard Ld. Counsel for the plaintiff.
3. By order dated 08/12/2017, the suit was dismissed for want of
prosecution. The present motion was filed before the Court on
10/01/2018 and leave was granted.
4. A perusal of the affidavit filed in support of the notice of motion
shows that it was affirmed on 13/12/2017 i.e. just five days after
dismissal of the suit, and the motion was tendered on 10/01/2018.
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2/2 N/M No.542/2018 in Su.463/2016
This shows that the plaintiff is interested in prosecuting the matter. The
record shows that since several days before the dismissal of the suit, the
plaintiff and his advocate were not appearing and therefore the suit was
dismissed. On hearing the Ld. Counsel for the plaintiff and on perusal
of the explanation given in the affidavit, I find that plaintiff can be
given one more opportunity to prosecute the suit on merits. However,
the plaintiff is liable to pay costs for remaining absent on several dates
prior to the dismissal of the suit. Hence, the following order:
ORDER
1. Notice of motion no. 542 of 2018 is made absolute in
terms of prayer clause (a) subject to payment of costs of
Rs.2000/ to the District Legal Services Authority within
two weeks from today, failing which, the notice of
motion shall stand dismissed.
2. If the cost is paid, suit No.463/2016 shall stand
restored.
(G.R. Agrawal)
Judge, City Civil Court,
Gr. Bombay.
Dictated on : 21.2.2019
Transcribed on : 21.2.2019
Signed on : 22.2.2019
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3/2 N/M No.542/2018 in Su.463/2016
“CERTIFIED TO BE TRUE & CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Mrs. T.C.Kamble
UPLOAD DATE AND TIME NAME OF
STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Shri G.R.Agrawal (C.R.No.03)
Date of pronouncement of
Judgment/order
21/02/2019
Judgment/Order signed by the P.O.
on
22/02/2019
Judgment/Order uploaded on 22/02/2019
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