Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 938/18 in Su 2349/11 1/2 Date : 16.10.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC010031912018
NOTICE OF MOTION NO.938/2018
IN
SUIT NO.2349/2011
Shakuntalal Dileep Gholap ]... Plaintiff
V/s.
Jyoti Suresh More and Ors ]… Defendant
Adv. Singh for plaintiff.
Adv. Naik for defendant no.1.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 16.10.2018
ORDER
(Dictated in open court)
By this motion, the defendant no.1 is praying to recall orders
dated 4.3.2016 and 8.6.2016 and allow her to file written statement.
The plaintiff has not filed reply to the notice of motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. The record shows that defendant no.1 had entered appearance in
this suit on 13.6.2012 through his Advocate. At that time, the matter
was at the stage of reply to the notice of motion. It is urged by the Ld.
Counsel for the defendant no.1 that defendant no.1 was never served
with writ of summons. It appears from the record that the writ of
summons was not served upon the defendant no.1. By order dated
4.3.2016, this Court dismissed the suit against defendants no.2 & 3 since
plaintiff failed to take steps to serve writ of summons upon them. It is
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N/M 938/18 in Su 2349/11 2/2 Date : 16.10.2018
also observed in that order that defendant no.1 failed to file written
statement. Again in Roznama dated 8.6.2016, it is observed that suit is
proceeded against defendant no.1 without written statement.
Thereafter, plaintiff filed affidavit evidence and compilation of
documents. On 28.9.2016, the Ld. Counsel for defendant filed motion
for dismissal of suit for non compliance of service of writ of summons.
Said motion was dismissed on 6.1.2018.
4. The plaintiff has not contested this notice of motion by filing
reply. There is no reason to disbelieve the explanation given by
defendant no.1 in the affidavit filed in support of the motion. Suit is
already dismissed against defendants no.2 & 3. It is therefore, necessary
to give one more opportunity to the defendant no.1 to contest the suit
on merits. Hence, following order.
ORDER
1. Notice of motion no.938/2018 is allowed.
2. Defendant no.1 is permitted to file written statement
within two weeks.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 16.10.2018 Gr. Bombay.
Dictated on :16.10.2018
Transcribed : 16.10.2018
Signed on : 16.10.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
19.10.2018 at 3.00 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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N/M 938/18 in Su 2349/11 3/2 Date : 16.10.2018
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
16.10.2018
JUDGMENT/ORDER signed by
P.O. on
16.10.2018
JUDGMENT/ORDER uploaded
on
19.10.2018
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