Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.1323/2019
1 in Sum SU No.578/14
MHCC010034312019
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
NOTICE OF MOTION NO. 1323 OF 2019
IN
SUMMARY SUIT NO. 578 OF 2014
Mr. Ratan Umesh Sanil
...Plaintiff
Versus
Medrel Pharmaceuticals India
Pvt.Ltd. & Anr.
...Defendant s
Appearance :
Ld. Adv. Mr. Santosh M. Deshpande for plaintiff
Defendant absent.
CORAM :DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 24-11-2022
ORDER
(Dictated and pronounced in open Court)
The present Notice of Motion is taken out by the plaintiff
for a limited prayer of removing the matter from the caption of
‘dismissal’ of the suit and to restore it for hearing.
2. Ld. advocate Mr. Deshpande for the plaintiff submits that
due to transfer of suit from the Court No.28 to Court No.20 was not
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aware about the stage and the date of the matter. He submits that on
03-09-2018, the matter was adjourned to 14-12-2018. However, in
meanwhile matter was transferred and was erroneously listed on
29-11-2018. The Ld. Court on 29-11-2018, by observing absence of
plaintiff, the matter kept for DID order. Plaintiff after getting knowledge
of the said order has moved the present Notice of Motion.
3. On perusal of the Roznamas dated 20-07-2018 to 29-11-
2018, the submission of the learned advocate for plaintiff seems to be
correct. The matter was though adjourned to 14-12-2018 was listed on
29-11-2018, that too before the another Court No.20 owing to transfer
of the matter. The reason mentioned for changing the stage seems just
and proper. Therefore, Notice of Motion deserves to be allowed. Hence,
the order.
ORDER
1. Notice of Motion No.1323/2019 is hereby allowed and matter is
restored to the stage of hearing on Summons for Judgment.
2. Notice of Motion No.1323/2009 is disposed of accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai
Date- 24-11-2022 Court Room No.61
Dictated on : 24-11-2022
Transcribed on : 24-11-2022
Signed on : 24-11-2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24-11-2022 at 5.50p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
24-11-2022
JUDGMENT/ORDER signed by P. O. on 24-11-2022
JUDGMENT/ORDER uploaded on 24-11-2022
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