Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1023 OF 2019
IN
SHORT CAUSE SUIT NO.2379 OF 2009
Mrs. Shraddha Verma … Plaintiff
V/s.
Miss. Chanda Verma & Ors. … Defendants.
Appearances:
Ld. Adv. Nikita Mehta for plaintiff.
Ld. Adv. Sawant for defendant no.1.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 18th OCTOBER, 2019
ORDER
Plaintiff bank has taken out this notice of motion for setting
aside dismissal order below application Exh32.
2. It is argued on behalf of plaintiff that plaintiff has taken out
notice of motion no.973/2017 for filing additional evidence affidavit.
On 12.09.2018 as Ld. Counsel for plaintiff was absent, notice of motion
no.973/2017 was posted for order without argument by plaintiff.
Therefore, on next date i.e. on 11.10.2018 plaintiff has filed application
Exh32 for permission to argue notice of motion no.973/2017.
Accordingly on 13.12.2018 application Exh32 was fixed for argument.
On that day no one appeared for plaintiff and therefore Court has
dismissed application Exh32.
MHCC01-002641-2019
-- 1 of 4 --
NM 1023/2019 .. 2 .. Suit No.2379/2009
3. On 13.12.2018 the Ld. Advocate for plaintiff was busy in
Court Room No.14. So also plaintiff was suffering from cold and fever.
Therefore, both could not remain present before Court on 13.12.2018.
Plaintiff has good case on merit. If plaintiff is not allowed to argue
notice of motion no.973/2017, it will cause grave and irreparable loss
to plaintiff. Therefore, dismissal order below application Exh32 be set
aside and plaintiff be allowed to argue notice of motion no.973/2017.
4. Ld. Counsel for defendant argued that plaintiff is playing
delay tactics. In fact crossexamination of plaintiff witness is complete.
Therefore, plaintiff has no right to file additional evidence affidavit.
Plaintiff want to fill up the lacuna. Any how plaintiff want to delay the
matter. As per roznama, on so many dates plaintiff and Ld. Counsel
were absent. Therefore, order below application Exh32 may not be
recalled.
5. It is a matter of record that since 11.10.2018 notice of
motion no.973/2017 was pending for order without argument on behalf
of plaintiff. Therefore, plaintiff has taken out application Exh32 for
permission to argue said notice of motion. Application Exh32 was
fixed for argument on 13.12.2018. It is a matter of record that on that
day as none appeared for plaintiff, her application Exh32 is rejected.
6. While argued on the point of absence Ld. Counsel for
plaintiff submitted that, she was suffering from cold and fever while her
Ld. Counsel was busy in Court Room No.14 in hearing of suit
no.629/2005. Here, plaintiff is coming with specific case by mentioning
the suit number in which Ld. Counsel was busy in hearing. In view of
-- 2 of 4 --
NM 1023/2019 .. 3 .. Suit No.2379/2009
such submission alongwith suit number it can be accepted that really
Ld. Counsel for plaintiff was busy in Court Room No.14 in hearing of
said suit. As such the reason for absence is justified. Therefore, chance
needs to be given to plaintiff. Moreover, matter must be decided on
merit by giving full and fair opportunity to both the sides. In case of
delay certain cost can be imposed. Accordingly, the order.
O R D E R
1. Notice of Motion No.1023 of 2019 in Suit No.2379 of
2009 is hereby allowed.
2. The dismissal order dated 13.12.2018 of application
Exh32 is hereby set aside on plaintiff paying cost of
Rs.1,000/ to the defendant or to deposit it in the
Court on or before next date.
3. On compliance of cost order plaintiff is permitted to
argue notice of motion no.973/2017.
(Milind V. Kurtadikar)
Judge, (C.R.No.20)
Dt.: 18/10/2019 City Civil Court, Gr. MUMBAI
Dictated on : 18.10.2019
Transcribed on : 19.10.2019
Signed on : 22.10.2019
-- 3 of 4 --
NM 1023/2019 .. 4 .. Suit No.2379/2009
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24.10.2019 05.32 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.
18.10.2019.
Judgement/order signed by P.O on 22.10.2019.
Judgement/order uploaded on 24.10.2019.
-- 4 of 4 --