Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.602/2018 ..1.. Suit No.7485/1996
CNR No.MHCC010023172018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.602 OF 2018
IN
SUIT NO.7485 OF 1996
BDH Industries Ltd. .. Plaintiff
Versus
Balurghat Transport Co. Ltd., .. Defendants
Learned Advocate A. K. Maheshwari for Plaintiffs
Learned Advocate Ms. Preeti Shah for Defendants
CORAM : HER HONOUR JUDGE
SMT. ULKA L. JOSHI
(COURT ROOM NO.31)
DATE : 14th February, 2018
: ORDER :
1. Order dated 10/01/2018 is under challenge in this notice of
motion.
2. Story put forth by defendant in short is that,
On 10/01/2018, suit is on the stage of evidence of
defendant. On that day draft affidavit of evidence was ready. However,
original documents were in custody of M/s. Dey Drugs and Chemicals.
Defendant's Director personally went from Calcutta to Siliguri to collect
documents . However, he could not collect documents due to death of
sole proprietor namely Sudhir Chandra Dey. Due to this, defendant
could not file evidence on 10.01.2018. In such eventuality if order is
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NM No.602/2018 ..2.. Suit No.7485/1996
not recalled, much injustice will be caused to him. Hence, this notice of
motion.
03. Plaintiff has not filed any reply. However plaintiff argued
that ample opportunity is already granted. Suit is old one. Grounds
mentioned are not justifiable. On these grounds he prayed for rejection
of notice of motion.
04. Perusal of record and proceeding shows that evidence of
plaintiff is closed on 03/10/2017. Thereafter, on 31/10/2017,
14/11/2017 and 18/12/2017 suit is on the stage of evidence of
defendant. On 18/12/2017 last chance was granted to defendant. In
spite of this, defendant failed to file evidence. Hence evidence is closed
on 10/01/2018.
05. It is contention of defendant that original documents were in
the custody of M/s Dey Drugs and Chemicals and sole proprietor of said
firm expired on 03/02/2010. Therefore, he could not collect the
documents. This contention shows that circumstances were beyond
control of defendant. The inaction on the part of defendant is not
intentional. Therefore, defendant is entitled for recall of order dated
10/01/2018. However negligence of defendant to collect documents at
an initial stage is required to be compensated in terms of money.
Resultantly, I pass the following order.
: ORDER :
1. Notice of motion No.602 of 2018 is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs.2000/ by
defendant to plaintiff on or before next date.
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NM No.602/2018 ..3.. Suit No.7485/1996
2. After payment of cost, defendant is permitted to lead
evidence.
3. Defendant to comply the order on or before next date and file
his evidence without fail on next date.
4. Failure of defendant to do so will result into automatic
cancellation of this order.
(Pronounced in Open Court)
(Smt. U. L. Joshi)
Adhoc District Judge
City Civil & Sessions Court,
Date: 14/02/2018. Gr. Bombay
Transcribed on : 16.02.2018
HHJ signed on :
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NM No.602/2018 ..4.. Suit No.7485/1996
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2018, 12.10 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Smt.U.L. Joshi
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
14.02.2018
JUDGMENT/ORDER signed by P.O.
on
17.02.2018
JUDGMENT/ORDER uploaded on 17.02.2018
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