Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 921/18 in Suit No. 7401/05. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 921 OF 2018
(CNR NO. MHCC0100 2018)
IN
SUIT NO. 7401 OF 2005
(HIGH COURT SUIT NO. 3386 OF 2005)
SBI Global Factors Limited ...Plaintiff
Versus
Madhav Structural Engineering Limited and Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 14th OCTOBER, 2019.
Mr. Ishwar Ahuja, Advocate for Plaintiff.
Mr. Udaya Sankar Samudrala, Advocate for Defendants No.1 and 2
(absent).
ORDER
This is a motion submitted by plaintiff to set aside order of
dismissal passed by this Court dated 16/06/2016.
2. Perused reply submitted by defendants 1 and 2.
3. Heard ld. Advocate Ishwar Ahuja for plaintiff at sufficient
length. It is submitted that management of the plaintiff company was
changed and the exact stage of the matter was not conveyed by the then
lawyer. After transfer of the suit, then lawyer appointed by the plaintiff
was not appearing in the proceeding. It is submitted that it was no fault
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N/m No. 921/18 in Suit No. 7401/05. 2 Order.
of the plaintiff. It is requested to set aside the order dated 16/06/2016
and post the suit for hearing.
4. In reply submitted by defendants 1 and 2, it is averred that
present motion is filed after 2 years from the order of dismissal dated
16/06/2016. It is added that defendant has filed W.S. on 16/12/2008.
The plaintiff was negligent for around 10 years. Therefore, it is
requested to reject the motion.
5. On perusal of entire proceeding, there is a reference in
roznama dated 07/01/2016 that issues are framed vide Exh.3. It is
mentioned in roznama dated 16/06/2016 that suit stands dismissed
with special reasons recorded on separate page. However, on perusal of
entire proceeding, there are no issues on record nor order in detail is
traceable. Therefore, it could not gather what reasons were given by
the Court at the time of dismissal. The suit came to be received by
transfer from the Hon'ble Original Side of the High Court. There is no
specific service of notice to the parties. According to plaintiff, there was
no communication from then lawyer to the plaintiff in respect of
transfer of the suit. Accordingly, it is clear that plaintiff had no
knowledge about transfer of the suit from the Original Side of the High
Court to present Court.
6. Perused reply submitted by defendants 1 and 2 in detail. It
will cause no prejudice to defendants, if hearing conducted on merit.
Therefore, in the interest of justice, it would be appropriate to decide
the matter on merit. Hence the order :
ORDER
1. Notice of Motion No. 921/2018 is allowed, no order of
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N/m No. 921/18 in Suit No. 7401/05. 3 Order.
cost.
2. Order dated 16/06/2016 is set aside, suit be posted for
framing issues.
3. N/m No. 921/18 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 14/10/2019. Mumbai.
1. Dictated on : 14/10/2019.
2. Transcribed on : 17/10/2019.
3. Signed on : 17/10/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/10/2019. 5.07 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/10/2019.
Judgment/Order signed by P.O. on 17/10/2019.
Judgment/Order uploaded on 17/10/2019.
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