Order 1

Order Details: Notice of Motion
Pdf Text: NM 86918 in SU 590205 : 1 : Dt. : 02.05.2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 869 OF 2018
IN
S.C. SUIT NO. 5902 OF 2005
(HIGH COURT SUIT NO. 458 OF 2005)
1. Maganlal Popatlal Charity And Sarvodaya
Hospital Trust
2. Ms. Purnita Haresh Mehta
2. Kusumben Kantilal Shah ..deleted since deceased
3. Mrs. Kshama Haresh Mehta
4. Mr. Haresh Vanmalidas Mehta
5. Mr. Hitesh Panalal Shah
6. Mr. Praful Anubhai Shah ...Plaintiffs
Versus
1. Shri Vardhman Sthanak Vasi Jain
Swadhya Sangh
2. Mr. Mansukhlal Nanji Thosani
3. Mr. Bachubhai Veershi Shah
4. Mr. Jayantilal Raghunath Doshi
5. Mr. Shashikant Gordhandas Budan
6. Mr. Ranchhoddas Jaishankar Doshi
7. Mr. Mansukhlal Harilal Doshi ...Defendants
Adv. Ms. Shweta Dali for Plaintiffs present.
None present for defendants.
CORAM : HHJ DR (SMT.) SRISHTY NEELKANTH
(C.R. NO.02)
DATED : 2nd MAY, 2018.
ORDER
This Notice of Motion has been filed by the plaintiff for
return of the Plaint under Order 7 Rule 10 of Civil Procedure Code,
1908.
2. The case of the Plaintiff is that the Suit was disposed off on
09.12.2013 and the Plaint was ordered to be returned to the Court of
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Small Causes, Mumbai. Thereafter, the Record and Proceedings were
not traceable. Pursuant to order dated 18.11.2017 of Hon'ble Principal
Judge, City Civil and Sessions Court, Gr. Mumbai, an application for
reconstruction of the Plaint and proceedings was moved and was
allowed on 14.12.2017. It is thus prayed that the Notice of Motion be
allowed and the Plaint be returned to be presented before the Court of
Small Causes, Mumbai.
3. No reply was filed by the defendant.
4. Heard the advocate of the Plaintiff. Perused the roznama
and documents on record.
5. Considering the circumstances before me, the Notice of
Motion deserves to be allowed. Hence, following order is passed :
ORDER
1. Notice of Motion No. 869 of 2018 is allowed.
2. The Plaint and proceedings be returned to the
Plaintiff to be presented before the Court of
Small Causes, Mumbai.
(Dr. Srishty Neelkanth)
Judge
City Civil Court,
Gr. Bombay.
Date : 02.05.2018.
Dictated on : 02.05.2018.
Transcribed on : 02.05.2018.
Signed on : 02.05.2018.
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NM 86918 in SU 590205 : 3 : Dt. : 02.05.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.05.2018 at 1.55 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
DR(SMT) SRISHTY NEELKANTH (C.R.
No.02)
Date of Pronouncement of
JUDGMENT/ ORDER
02.05.2018
JUDGMENT/ORDER signed by P.O.
on
02.05.2018
JUDGMENT/ORDER uploaded on 03.05.2018
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