Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.1260 of 2019 Suit No.934/2010
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1260 OF 2019
IN
SUIT NO.934 OF 2010
(C.N.R. NO.MHCC010 03248201 9)
Tanil Kilachand ... Plaintiff
V/s.
Om Builder Pvt. Ltd & Ors. ... Defendants
CORAM : HIS HONOUR JUDGE
SHRI. G.G.BHANSALI.
(C.R. NO.31)
DATE : 10.06.2019.
Appearance :
Ld. Advocate Mr. Chirag Modi for plaintiff.
Ld. Advocate Ms. V. C. Khatri for defendant no. 3
Ld. Advocate Ms. Gauri Tyagi for defendant nos. 6 to 8
ORAL ORDER
This is a motion taken out by plaintiff, to set aside the
order of dismissal passed by this court dated 15.09.2018 and continue
with order of injunction dated 11.01.2011. Heard learned advocate
Mr. Chirag Modi for plaintiff at sufficient length.
2. Perused reply filed by defendant no.3. Heard learned
advocate Ms. Khatri for defendant no.3 and learned advocate Ms. Gauri
Tyagi for defendant nos. 6 to 8. Both has strongly resisted to restore
the order of injunction passed by order dated 11.01.2011. However,
both has raised that no sufficient grounds mentioned to explain the
delay. On perusal of proceeding plaintiff was vigilant in hearing to
some extent. It was dismissed for non prosecution. Considering fact in
issue, no prejudice will cause against defendant if suit will decide on
merit.
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Notice of Motion No.1260 of 2019 Suit No.934/2010
3. According to defendants, the possibility of change in status
at the hands of defendants, therefore, the order of injunction dated
11.01.2011 can not be brought in continuation. Therefore, notice of
motion is partly allowed in view of following order.
ORDER
1. Notice of motion No.1260/2019 is partly allowed, delay is
condone subject to cost of Rs.5,000/ to defendant no.3 and Rs.
5,000/ in total to defendants nos. 6 to 8 i.e
(5,000+5,000=10,000/)
2. Suit No.934 of 2010 is restored.
3. In view of order of the High Court dated 25.01.2011 learned
advocate for the plaintiff has not pressed relief prayer clause (b)
to the extent of continuation to order of injunction dated
11.01.2011.
4. Notice of motion no.1260 of 2019 is disposed of accordingly.
Plaintiff to pay the cost to defendant within two weeks. Next
date 05.07.2019 is given for hearing of suit.
(After completion of dictation vakalatnama of Adv Mr. Rahul
Jain for defendant filed through the advocate clerk Mr. Bajirao
Patil for advocate Mr. Jain. However he is not present for
submission.)
(G.G.BHANSALI )
Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:10.06.2019.
Dictated on : 10.06.2019
Transcribed on : 10.06.2019
Signed on : 10.06.2019
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Notice of Motion No.1260 of 2019 Suit No.934/2010
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
12.6.2019 at 04.30 p.m. ASHOK SHANKAR SUGDARE
UPLOAD DATE AND TIME NAME OF STOP GAP STENOGRAPHER
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.31)
Date of pronouncement of Order 10.06.2019
Order signed by P.O. on 10.06.2019
Order uploaded on 12.06.2019
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