Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC01-002566-2020
IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 942 OF 2020
IN
COMMERCIAL SUIT NO. 207 OF 2020
(S.C. Suit No. 2587 of 2018)
Vision Inks Pvt. Ltd. ]......Plaintiff
V/s.
1. J.D. Packaging Pvt. Ltd. ]
2. Mrs. Falguni Purvesh Joshi (Director) ]
3. Mr. Purvesh Bhanushankar Joshi (Director)]
4. Mr. Anup Satish Dave (Director) ]..Defendants
Appearances:
Ld. Adv. Ms. Reshmi M. Parab for the plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 21st January, 2021.
ORDER
The plaintiff by this notice of motion seeks to set aside the
Order dated 03.01.2020 dismissing the Suit against the defendant Nos.
1,2,4 and 5 for not taking steps by the plaintiff.
2. Heard learned Advocate Ms. Reshmi Parab for the plaintiff.
3. Perused the notice of motion and the Order dated
03.01.2020.
4. The Order points out that since 01.04.2019 the affidavit of
service of summons was not filed by the plaintiff in respect of service of
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Order on NM No.942/2020 .. 2..
summons to defendant Nos. 1,2,4 and 5. It is observed that the Court
had not alternative to dismiss the suit against the defendant nos. 1,2,4
and 5.
The notice of motion points out that the affidavit of service
of summons could not be filed as the earlier Advocate had handed over
the plaintiff the original copy of Writ of summons on 24.02.2020. It is
submitted that the plaintiff is put to suffer because no fault on his part.
5. It is prayed that the Order of dismissing the suit against the
defendant Nos. 1,2,4 and 5 be set aside. The delay of 24 days may be
condoned.
6. The defendants though served had not appeared in the
notice of motion and had not contested the notice of motion.
7. It is trite of law that the matters are decided on merits not
on technicalities. The plaintiff needs to be provided an opportunity to
contest the suit. For the reasons in the application, the delay of 24 days
needs to be condoned. The Suit needs to be restored to its original file
against defendant Nos. 1,2,4 and 5.
In the result, following order is passed.
O R D E R
1. The Notice of Motion No. 942/2020 is allowed.
2. The Order dtd. 03.01.2020 dismissing the Suit against the
defendant Nos. 1,2,4 and 5 is set aside.
3. The Commercial Suit No. 207/2020 is restored against
defendant Nos.1,2,4 and 5, subject to cost of Rs. 2,000/-
(Rupees Two Thousand Only).
4. The Cost to be paid to the District Legal Services Authority,
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Order on NM No.942/2020 .. 3..
Mumbai (DLSA).
5. Notice of Motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Dt.: 21.01.2021 Gr.Bombay at Mumbai.
Dictated on : 21.01.2021
Typed on : 21.01.2021
Signed by H.H.J.on :22.01.2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.01.2021 at 12.35 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
21.01.2021
Judgment/order signed by P.O. on 22.01.2021
Judgment/order uploaded on 22.01.2021
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