Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.773 OF 2019
IN
SHORT CAUSE SUIT NO.4543 OF 2007
State Bank of India … Plaintiffs.
V/s.
M/s. Paras Auto Centre & Anr. … Defendants.
Appearances:
Ld. Adv. Nilam Mehta for plaintiff.
Ld. Adv. Ms. Chandan i/b D Lima for defendant no.2.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 14th August, 2019
ORDER
Plaintiff bank has taken out this notice of motion for
removing the suit from dismissal caption.
2. It is submitted that on 15.10.2018 matter was posted for
filing evidence affidavit by plaintiff. However, due to some urgent work
neither the advocate nor concern officer appeared before the Court.
Therefore, Court has kept the matter for dismissal order. On next date
i.e. on 17.12.2018 plaintiff has tried to file application for setting aside
that order. However, it was instructed to take out the notice of motion.
There is no inordinate or intentional delay on the part of plaintiff.
Public money is involved in the matter. Therefore plaintiff be allowed
to lead evidence.
MHCC01-002187-2019
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NM 773/2019 .. 2 .. Suit No.4543/2007
3. The defendant has resisted this application on the ground
that despite sufficient opportunities plaintiff has failed to file evidence
affidavit. Plaintiff is prolonging the matter for no reason. Therefore,
plaintiff may not be allowed to lead evidence.
4. It is a matter of record that issues were framed on
21.04.2017 and since January 2018 it is posted for evidence by plaintiff.
Roznama shows that on some dates adjournment was sought on behalf
of plaintiff. However, on going through the roznama it cannot be said
that plaintiff was intentionally delaying in the matter. Moreover it
cannot be ignored that public money is involved in this matter.
Therefore, any order against plaintiff would indirectly require to suffer
loss of public money. Moreover, when plaintiff is ready to lead
evidence, there is no reason for this Court to deny the same. At the
most considering the period of delay certain cost can be imposed.
Accordingly, the order.
O R D E R
1. Notice of Motion No.773 of 2019 in Suit No.4543 of
2007 is hereby allowed.
2. The suit is taken out from dismissal caption on
payment of cost of Rs.2,000/ to be paid to the Legal
Aid Department of this Court on or before next date.
3. On compliance of cost order plaintiff is permitted to
lead evidence.
(Milind V. Kurtadikar)
Judge, (C.R.No.20)
Dt.: 14/08/2019 City Civil Court, Gr. MUMBAI
Dictated on : 14.08.2019
Transcribed on : 19.08.2019
Signed on : 20.08.2019
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NM 773/2019 .. 3 .. Suit No.4543/2007
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.08.2019 05.42 p.m. Sanjay B. Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
14.08.2019.
Judgement/order signed by P.O on 20.08.2019.
Judgement/order uploaded on 21.08.2019.
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