Final Order 1

Order Details: Notice of Motion
Pdf Text: Order on Notice of Motion No. 830 of 2019 in SU 1709-2019. 1
MHCC010021812019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 830 OF 2019.
IN
Suit No.1709 of 2019.
(C.N.R. NO.MHCC01-002181-2019)
Lok Everest CoOp. Housing Society Ltd. …Plaintiff
Versus
M/s. LokHousing & Construction Ltd. & Anr. ...Defendants
Appearance:
Adv Aishwarya Lad h/f. M.S. Lad for plaintiff.
None for defendants.
CORAM : H. H. JUDGE AND
ASST SESSIONS JUDGE,
SHRI. S. B. PAWAR (C.R.No.59)
DATE : 7th DECEMBER, 2022.
ORDER
Plaintiff has taken out the present Notion of Motion with
the prayer to set aside order dated 17.10.2018 keeping the suit for
dismissal on 15.12.2018 and on subsequent dates.
2. In the supporting affidavit, it is contended that when the suit was
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Order on Notice of Motion No. 830 of 2019 in SU 1709-2019. 2
on the board of this Court on 17.10.2018, the deponent was not
keeping well and his advocate was busy in another court. Therefore, no
one could remain present when the matter was called out and
accordingly the matter is kept for dismissal. It is prayed that the order
dated 17.10.2018 be set aside and Notion of Motion be made absolute.
3. Heard Ld. advocate for the plaintiff.
4. Perused Notion of Motion, supporting affidavit and the record.
5. It reveals that the suit is proceeded without written statement of
the defendants. When the matter was for exparte evidence on
17.10.2018, no one appeared and as evidence was not adduced, the
matter is kept for order of dismissal.
6. The plaintiff has given the reason for his nonappearance that he
was not keeping well and his advocate was busy in another Court. The
suit is pending for exparte evidence. The plaintiff is ready to file
evidence affidavit. In this circumstances, by accepting the explanation
given by the plaintiff, the matter can be proceeded and evidence of the
plaintiff can be taken on record. The Notion of Motion therefore,
deserves to be allowed. Hence, following order is passed:
ORDER
1. Notion of Motion No.830 of 2019 is made absolute in terms
of prayer clause (a).
2. The plaintiff is directed to file his evidence affidavit without
fail on next date.
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Order on Notice of Motion No. 830 of 2019 in SU 1709-2019. 3
3. Notion of Motion No.830 of 2019 stands disposed of
accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court,
Greater Bombay (CR 59)
Dated: 07/12/2022
Declared on : 07.12.2022
Dictated on : 07.12.2022
Transcribed on : 08.12.2022
Checked on : 08.12.2022
Signed on : 08.12.2022
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Order on Notice of Motion No. 830 of 2019 in SU 1709-2019. 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
On 08.12.2022 at 03.16 a.m. Ms. Manisha D. Hirole
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. S.B. Pawar
C.R. No.59
Date of Pronouncement of Judgment/Order 07.12.2022
Judgment /Order signed by P.O. on 08.12.2022
Judgment/Order uploaded on 08.12.2022
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