Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1061 OF 2018
IN
CHAMBER SUMMONS NO.519 OF 2016
IN
SUIT NO.66 OF 1996
Jitendra Ramnath Shenoy ...Plaintiff.
V/s.
Arun Gopinath Vadhavkar & ors. ...Defendants.
Appearances:
Ld. Adv.Mr.Omkar Mulekar for applicant.
Ld. Adv.Mr.H.D.Buch for plaintiff.
Ld.Adv.Mr.Kudalkar for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.14)
DATED : 24th April,2018
ORDER
By way of this notice of motion applicant prayed for restoration of
chamber summons.
2. In supporting affidavit applicant submitted that, they have filed
one chamber summons in this suit in the month of February,2017,
which was duly numbered and the same was received by the Clerk of
the Advocate. But due to miscommunication between Advocate and his
Clerk said chamber summons was not traceable. As such they have no
other way but to take this notice of motion for reconstruction of the
chamber summons as in spite of due diligence they are unable to trace
out it and hence, prayed that this notice of motion be made absolute.
MHCC01-003446-2018
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NM 1061/18 .. 2 .. Suit No.66/1996
3. After service of the notice of motion upon plaintiff and defendant
No.2, learned Advocate for plaintiff Mr.H.D.Buch and learned Advocate
Mr.Kudalkar have filed no objection to allow this notice of motion.
4. Heard both the sides. Perused the submissions.
5. It appears that due to miscommunication between Clerk and
Advocate after taking out Chamber Summons No.519 of 2017 it was
misplaced and in spite of due diligence it could not trace out.
Therefore, if chamber summons is not filed on record by reconstruction,
the proceedings in the suit will be hampered. In such circumstances,
reconstruction of chamber summons is permitted by directing the
parties to bear their costs and hence, I proceed to pass the following
order :
O R D E R
1. Notice of Motion No.1061 of 2018 in Chamber Summons
No.519 of 2017 is made absolute.
2. Applicant is permitted to reconstruct the Chamber
Summons No.519 of 2017 to be filed before this Court.
3. Copy of newly reconstructed chamber summons be served
upon plaintiff and defendant No.2.
4. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.14)
Dt.:24/04/2018 City Civil Court, Gr. MUMBAI
Dictated on : 24.04.2018
Transcribed on : 24.04.2018
Signed on :
kps/
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NM 1061/18 .. 3 .. Suit No.66/1996
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.04.2018 at 02.58 p.m
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.14)
Date of pronouncement of judgment/order 24.04.2018
Judgment/order signed by P.O. on 24.04.2018
Judgment/order uploaded on 24.04.2018
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