Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010026432019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION No. 1024 OF 2019
IN
LONG CAUSE SUIT NO.2249 OF 2015
Mehmood Mukhtar Ahmed ... Plaintiff
V/s.
1. The Municipal Corporation of
Greater Mumbai and Anr. ... Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 25/08/2021
Adv. Mr. Muhammed Iftikhar Ali for the plaintiff.
Adv. Ms. Deepali Patil for the defendants/ MMC.
ORAL ORDER
1. This Notice of Motion is taken out by the plaintiff for
restoration of the Suit and Notice of Motion No.286/2016 and interim
order granted therein and extended from time to time be continued.
2. The Defendant/BMC has contested this Notice of Motion by
filing reply to the same. Defendant /BMC contended that plaintiff has
not given satisfactory reason for restoration of the suit.
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2 N/M No.1024/2019
3. Perused the notice of motion and reply of the plaintiff.
Heard advocates for the parties at the length.
4. It is contended by the plaintiff that on 07.10.2017 due to
negligence advocate on record could not appear in time and therefore,
Notice of Motion was dismissed on 07.10.2017. Again due to the
negligence of the advocate the suit was dismissed for default on
09.11.2017. It is contended by the plaintiff that it was informed that the
Suit and Notice of Motion No.286/2016 are dismissed for default.
Thereafter, the plaintiff appointed new advocate and he took reasonable
time to get all documents for filing the restoration application. The
plaintiff prayed that the suit and Notice of Motion No.286/2016 be
restored in the interest of justice.
5. It appears from the record and documents filed in support
due to negligence and mistake previous advocate for the plaintiff , the
suit and Notice of Motion No.286/2016 was dismissed. Therefore, the
plaintiff should not be held responsible for the mistake of his advocate.
However, it was the duty of the plaintiff to attend the court and take
proper instruction from his advocate for proceed with the matter.
6. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that the suit and Notice of
Motion No.286/2016 was dismissed due to mistake and negligence on
the part of the previous advocate of the plaintiff.
7. In these backgrounds, this Notice of Motion deserves to be
allowed in the interest of justice to the extend of restoration of the suit .
As the interim relief granted has not been extended and the order has
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3 N/M No.1024/2019
been expired it cannot be continued after restoration of the suit.
Therefore, the Notice of Motion No.286/2016 and relief granted in the
same cannot be restored. The inconvenience caused to the defendant
can be compensated by saddling costs upon plaintiff. Therefore, the
plaintiff shall be directed to deposit costs of Rs.5000/ with D.L.S.A.
Hence, order.
ORDER
1. The Notice of Motion No.1024/2019 is allowed to the extend
of restoration of the suit.
2. The L.C. Suit No.2249/2015 be restored on the file of the
Court on depositing cost of Rs.5000/ with D.L.S.A by plaintiff
on or before next date.
3. The relief which is not expressly granted is deemed to be
rejected.
4. The Notice of Motion No.1024/2019 is disposed off.
(Smt. S.G.Shaikh)
Date25/08/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 25/08/2021
Typed on : 25/08/2021
Signed on :
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4 N/M No.1024/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
26/08/2021 11.10 a.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
25/08/2021
JUDGMENT/ORDER signed by
P.O.on
25/08/2021
JUDGMENT/ORDER uploaded on 26/08/2021
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