Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 882 OF 2018
CNR MHCC010030682018
IN
NOTICE OF MOTION NO.4884 OF 2015
CNR MHCC010131842015
IN
L.C.SUIT NO. 2859 OF 2015
CNR MHCC010121802015
Mr. Hemant Kantilal Shah )...Plaintiff.
V/s.
The Municipal Corporation of Greater
Mumbai )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 07/03/2018.
Adv. S.K.Dueby for the plaintiff.
Adv. Giri for the BMC/defendant.
ORAL ORDER
This notice of motion is taken out by the plaintiff for
restoration of dismissed Notice of motion no. 4884 of 2015. It is
supported by an affidavit. The defendant/ Municipal Corporation of
Greater Mumbai (in short MCGM' ) has opposed the relief.
2. Heard both the sides.
3. On 22nd January, 2018, as none appeared , therefore
notice of motion no. 4884/15 was dismissed in default. As such , the
notice of motion no. 4884/15 was not decided on merits. On perusal of
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the previous roznama as well as the order dated 5/12/2015, it shows
that the adinterim relief as prayed in notice of motion no. 4884/15 was
allowed and till the date 22/1/2018, the said adinterim relief was
continued. It is submitted that, on date of dismissal the plaintiff was
out of station and his advocate was buzy in another Court. May that, as
it be considering the order dated 5/12/2015 and as adinterim relief
was running in favour of the plaintiff, in my opinion one opportunity
needs to be given to the plaintiff to finally argue the dismissed notice of
motion no. 4884/15 on merits. However , considering the roznama
that plaintiff and his advocate were absent on two dates, before
restoration some costs needs to be imposed to be paid to District Legal
Services Authority, Mumbai. I therefore pass the following order.
ORDER
1. Notice of Motion No. 882 of 2018 is allowed and
made absolute in terms of prayer clause(a) subject to the
conditions that the plaintiff shall pay the costs of Rs.1000/
to the District Legal Services Authority, Mumbai within
one week.
2. The earlier protection of dated 5/12/2015 is
continued till next date i.e. 20th June, 2018.
3. After payment of cost, the Notice of motion no.
4884/15 be restored to its original file.
4. Notice of Motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:07/03/2018.
Dictated on : 07/03/2018.
Transcribed on : 07/03/2018.
Signed on : 08/03/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: NAME OF STENOGRAPHER
09.03.2018 Mrs. V.V.Mhatre
TIME:.5.25p.m.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.08)
Date of Pronouncement of
JUDGEMENT/ORDER
07.03.2018
JUDGMENT/ORDER signed by
P.O. on
08.03.2018
JUDGEMENT/ORDER uploaded on 09.03.2018
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