Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1037/18(Suit-3602/13)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1037/2018
(CNR NO.MHCC010033832018)
IN
NOTICE OF MOTION NO. 1470/2014
IN
S. C. SUIT NO.3602/2013
Abbas Taherali Ghadiali ..Plaintiff
V/s.
1. M/s. Akash Developers
2. Mr. Salim Vali Mohammed Bilakia
3. Nafisa Alibhai .. Defendants.
Appearances :
Adv. Mr. Kunal Bhanage for plaintiff.
None for defendants.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No. : 03.
Date : 04.1.2022.
ORDER
1. Plaintiff filed instant notice of motion for recalling of order
dated 9.2.2018, by which the Suit is dismissed for want of prosecution.
2. It is contended by the plaintiff that, during pendency of the
suit, consent terms were exchanged between the parties and out of
which the plaintiff received Rs.75 Lakh and before tendering his
consent terms in the court, the suit was dismissed.
3. The plaintiff filed service affidavit showing service upon the
defendants. Ld Adv. Mr. Singh had appeared for defendant nos. 1 and 2
but he failed to file reply to the Motion. It appears that, the impugned
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2 NM 1037/18(Suit-3602/13)
order came to be passed on 9.2.2018 and the plaintiff filed instant
notice of motion on 9.3.2018. There is no delay in filing the Motion.
The conduct of the plaintiff do not show that he wanted to protract the
matter. Looking to the aforesaid fact, I am of the view to recall the
order dated 9.2.2018. Thus, I proceed to pass following order :
ORDER
1. Notice of Motion No.1037/2018 is hereby allowed in terms of
prayer clause (a).
2. Order dated 9.2.2018 is set aside.
3. Suit to be restored to its original file.
4. The plaintiff is directed to intimate the defendants about
restoration of the suit so that matter can be proceeded further.
5. Notice of Motion is disposed of accordingly.
(A.H.Laddhad)
Judge,
Dated : 4.1.2022 City Civil and Sessions Court,
Dictated on : 4.1.2022 Greater Bombay (CR 03)
Typed on : 4.1.2022
Draft given to HHJ on : 4.1.2022
Signed on : 6.1.2022
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3 NM 1037/18(Suit-3602/13)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Date 6.1.2022 at 3.15 pm . (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 4.1.2022
JUDGMENT/ORDER signed by P.O. on 6.1.2022
JUDGMENT/ORDER uploaded on 6.1.2022
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