Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.1027/2019 in Sum. Suit No.1868/2013
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1027 OF 2019
CNR NO.: MHCC010026622019
IN
SUMMONS FOR JUDGMENT NO. 227 OF 2013
IN
SUMMARY SUIT NO. 1868 OF 2013
Bharat Petroleum Corporation Ltd. ...Plaintiff
Versus
Mr. Rishi Shukla ...Defendant
Appearances:
Advocate Ms. Heena Rathod for the plaintiff.
None for the defendant.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 14th NOVEMBER, 2019.
ORAL ORDER
This is a Notice of Motion filed by plaintiff to restore Summons
for Judgment No. 227/2013 as it is disposed of.
2. No say filed by defendant.
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3. Plaintiff has stated that he has filed Summons for Judgment
No.227/2013 and during that time the suit was transferred from Court
Room No.27 to Court Room No.14 of City Civil Court. He has further
stated that Summons for Judgment was disposed of by this Court
without hearing the parties. He has further stated that the Summons for
Judgment was never heard by this Court and wrongly appearing as
disposed of on the board and in the CIS system on 19.09.2013. He has
further stated that on taking inspection of the Court file it was observed
that there was no Order in the file and on enquiry with the concerned
Court, they were informed that there was no Order passed on the
Summons for Judgment and there was some wrong update in the
computer system regarding disposal of the Summons for Judgment.
4. Plaintiff has further stated that inadvertently Summons for
Judgment is disposed of from the computer system. Plaintiff has further
stated that in order to meet the ends of justice it is necessary to restore
Summons for Judgment.
5. It appears from the roznama that on 19.09.2013, Summons for
Judgment is not heard on merit and it was kept for hearing of Summons
for Judgment even in the year 2016. It is stated in the roznama dated
07.03.2018 that as per CIS system Summons for Judgment was already
showing disposed of in Court Room No. 27 on 19.09.2013. Hence, it
appears that Summons for Judgment is disposed of from computer
system, though there was no Order passed on Summons for Judgment.
Hence, it will be proper to restore Summons for Judgment back to the
hearing stage. Hence, following Order:
ORDER
1. Notice of Motion No.1027 of 2019 is allowed in terms of prayer
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:3: N.M. No.1027/2019 in Sum. Suit No.1868/2013
clause (a) and Summons for Judgment No.227/2013 stands
restored for hearing.
2. Notice of Motion No.1027 of 2019 stands disposed of.
(SONALI P. AGARWAL)
Judge,
Date: 14.11.2019. City Civil Court,
Gr. Bombay.
Dictated on : 14.11.2019
Transcribed on : 14.11.2019
Signed on : 14.11.2019
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:4: N.M. No.1027/2019 in Sum. Suit No.1868/2013
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16.11.2019 At 05:10 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
14.11.2019
Judgment/Order signed by P.O. on 14.11.2019
Judgment/Order uploaded on 16.11.2019
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