Date: 24-04-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Business: Adv. Mr.Amrish Damani for pltff present.
Affidavit of service of N/M tendered by the plaintiff. t.o.r.
Service is completed. The deft has failed to remain present in motion. Hence exparte against deft.
Matter adjd to 23.07.2018 for N/M hearing (exparte)
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: None present for the plff.
None present for the deft.
Matter is adjd. to 18.08.2018 for N/M hearing or for dismissal order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2018
Date: 18-08-2018
Date: 03-10-2018
Business: Adv. Mr. A. L. Gore for the Plaintiff present.
None present for deft.
Court is busy in hearing arguments in other matters on board and dictating orders. Hence, matter is adjd. to 23.10.2018
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Adv. Mr. A. L. Gore for the Plaintiff present.
None present for the deft.
The plff has failed to file proof of service of N/M to the deft.
Matter is adjd. to 24.01.2019 for compliance by the plff in N/M.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: None present for the plaintiff.
Matter is adjd. to 9.04.2019 for N/M hearing.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Reason For Adjournment: court time is over
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. A. L. Gore for plaintiff present.
None present for defendants.
Heard plaintiff advocate on NM.
Order on Notice of Motion No. 897/18
Ld. counsel for the plaintiff submitted that the suit was dismissed by the Hon\''ble High Court as the plaintiff failed to remove the office objection. The plaintiff tendered Notice of Motion No. 226/14 before the Hon\''ble High Court. The Hon\''ble High Court recalled the order and set aside and restored the suit to the file. He would submit that due to enhancement of pecuniary jurisdiction of City Civil Court, the suit was transferred from the original jurisdiction of Bombay High court to this court before its registration. He would submit that the predecessor of this court dismissed the suit for not removing the office objection. He further submitted that as the plaintiff was unaware of the office objection taken out by the Registry of this Court and therefore same was not removed. He pointed out that office objection taken out by the office are technical.
On perusal of the record it appears that the Hon\''ble High Court allowed the Notice of Motion No. 226/14 and restored the suit. Before the registration of the suit, the suit was transferred to the the City Civil Court. The Registry of this Court has taken the objection on the count that scrutiny sheet not annexed and title is not proper. From the record it nowhere reflect that the plaintiff was apprised about the objection. The predecessor of this court dismissed the suit for want of prosecution as the plaintiff was negligent in prosecuting the suit claim. It appears that the objection putforth are mere technical and on that count the substantial right of the parties should not be affected. Considering the same, the order dismissing the suit is recalled and set aside. Consequently the suit is restored on file. Plaintiff is directed to remove the objection within a period of three weeks from today. Notice of Motion No. 897/2018 is disposed of accordingly.
Nature Of Disposal: OTHERWISE
Disposal Date: 15-06-2019