Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Joshi Alongwith Adv. Urmila Jhaveri for pltff present.
Adv. S. Khan for D-1 present.
LC for pltff tendered registered NM No.587/18 alongwith affidavit in support.
TOR.
D-1 is registered partnership firm. D-2 to 6 are partners of D-1. D-2 is reported to
be dead. However, when D-1 is already served and D-2 was impleaded because he
was partner of D-1, therefore, I do not find that other defendants are required to
be served.
Heard both the sides on NM 587/18. The present NM is taken out by plaintiff
for restoration of suit by setting aside order of dismissal dated 15.01.2018. On
perusal of the supporting affidavit of plaintiff, it is apparent that there was
negligence or miscommunication on the part of the plaintiff. It is alleged that on
03.01.2018 due to “Maharashra Band”, Adv. for plaintiff could not appear the
next date was wrongly communicated to Adv. for plaintiff. Therefore, I am of the
view that subject to payment of costs, the suit is required to be restored by setting
aside the impugned order, as the Adv. for defendant No.1 too prayed for imposing
heavy costs on the plaintiff, if NM is allowed. Therefore, following order.
ORDER
Notice of Motion No. 587/18 is allowed, subject to payment of costs of
Rs.3,000/- to be paid by plaintiff to defendant No.1 or Adv. for defendant No.1
within a week from the date of this order. Subject to and on compliance being
made by the plaintiff, the impugned order dated 15.01.2018 dismissing the suit in
default is set aside and suit is ordered to be restored on the same stage i.e. for
final arguments.
Adjd for compliance and final arguments on 20.04.18.
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