Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 72718 in SU No.718506
IN THE CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.727 OF 2018
(CNR No.MHCC010026712018
IN
SUIT NO.7185 OF 2006.
(CNR No.MHCC010102892006)
Rang Sharda Hotels Private Limited }...PLAINTIFF.
Versus
Marico Industries Limited & Ors. }...DEFENDANTS.
Smt.Apte, learned advocate for the plaintiff.
Shri.Tejas Shah, learned advocate for defendant Nos.1 to 3.
Shri. Om Suryawanshi, learned advocate for defendant No.4/MMC.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 10/01/2019)
1. This Notice of Motion is taken out by the plaintiff for
restoration of Notice of Motion No.2776/2017 which is dismissed in
default for want of prosecution as per order dtd.09/01/2018. Read the
affidavit filed in support of Notice of Motion and reply filed on behalf of
defendant Nos.1 to 3. Heard learned Smt.Apte, advocate for the
plaintiff & learned Shri.Tejas Shah, advocate for defendant Nos.1 to 3.
Perused the entire record.
2. Admittedly, Notice of Motion No.2776/2017 of the plaintiff
is dismissed in default by this court for want of prosecution as per order
dtd.09/01/2018. Learned advocate for plaintiff argued that Junior
advocate of the advocate on record of the plaintiff was directed to
attend the court on 09/01/2018 but said Junior advocate could not
attend this court on that date as he was held up in some another court.
She argued that there was no intention in not attending the matter on
behalf of the plaintiff on 09/01/2018 hence, order about dismissal of
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Notice of Motion No.2776/2017 in default may be set aside and said
Notice of Motion may be restored.
3. As against this, learned advocate for defendant Nos.1 to 3
vehemently opposed the prayer made in this Notice of Motion by taking
may through the Roznama of the proceedings and by submitting that
matter is not being attended punctually for on behalf of plaintiff on
most of the dates fixed in the matter and any just reason is not available
for setting aside the order dtd.09/01/2018 due to which, this Notice of
Motion is liable to be rejected.
4. Having gone through the Roznama of the proceedings, I
found substance in the contention raised in the reply by defendant
Nos.1 to 3 about absence of anybody before court for on behalf of the
plaintiff on most of the dates fixed in the matter however, while
deciding the present Notice of Motion, it is not necessary to give much
of importance to the said aspect. It is contended in the Notice of Motion
that Junior advocate of the advocate on record of the plaintiff was
directed to attend this court on 09/01/2018 but said Junior advocate
was held up in some other court. Roznama of the proceedings shows
that matter was being attended for and on behalf of the plaintiff on
most of the dates, at least, after Notice of Motion No.2776/2017 is
registered & tendered in the court on 11/08/2017. Having regards to it,
I am of the opinion that for giving fair opportunity to the plaintiff to
argue the Notice of Motion No.2776/2017 for its decision on merits, it
would be just to accept the prayer made in this Notice of Motion but by
imposing certain costs upon the plaintiff. Thus, an order.
O R D E R
Notice of Motion No.727/2018 is allowed subject to
payment of cost of Rs.1,000/ by the plaintiff to defendant Nos.1
to 3. Plaintiff shall pay/deposit the cost as mentioned above on or
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before next date failing which, this Notice of Motion shall be
deemed to have been dismissed.
Date: 10/01/2019. (P.P.RAJVAIDYA)
Dictated on : 10/01/2019. Judge, C.R.No.12,
Transcribed on : 10/01/2019. City Civil Court,
Checked on : 11/01/2019. Gr.Bombay.
Signed on : 11/01/2019.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11/01/2019 at 11.30 a.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 10/01/2019
Order signed by P.O. on 11/01/2019
Order uploaded on 11/01/2019
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