Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1389 OF 2019
IN
SHORT CAUSE SUIT NO.7153 OF 2002
Charkop Fine Arch CHS Ltd. … Plaintiffs.
V/s.
Shri. Ashok Ramkrishna Sarangdhar … Defendant.
Appearances:
Ld. Adv Ms. Tanuja Patil for plaintiff.
Ld. Adv. Chitra Kavale for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 12th June, 2019
ORDER
Plaintiff has taken out this notice of motion for taking out
the suit from the caption of dismissal order and to allow to file
additional evidence affidavit.
2. It is argued on behalf of plaintiff that on 25.02.2019 the
matter was listed for leading evidence of plaintiff. However two days
before it the uncle of representative of plaintiff expired and he has to go
to UDIPI. Because of said reason he could not remain present before
the Court for leading evidence. The delay is not intentional one. There
was no option other than to go UDIPI on demise of uncle. Plaintiff is
ready to proceed with the evidence. Accordingly prayer is made to take
MHCC01-003584-2019
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NM 1389/2019 .. 2 .. Suit No.7153/2002
out the suit from caption of dismissal order.
3. The Ld. Counsel for defendant has given no objection to
take out the suit from the caption of dismissal order.
4. It is matter of record that suit was listed on 25.02.2019 for
leading evidence on behalf of plaintiff. The reason shown by plaintiff
i.e. demise of uncle is the sufficient reason for plaintiff for remaining
absent in the Court. Therefore said delay is not intentional nor
deliberate. Fare chance needs to be given to the parties to defend their
case. Valuable rights of parties are involved in the suit. Therefore in
the interest of justice and in the light of no objection given by the
defendant I am of the opinion that plaintiff can be allowed to lead
evidence by taking out this suit from caption of the dismissal order.
Accordingly, the order.
O R D E R
1. Notice of Motion No.1389 of 2019 in Suit No.7153 of
2002 is hereby allowed.
2. Suit be taken out from the caption of dismissal order
with liberty to the plaintiff to file additional
evidence affidavit.
(Milind V. Kurtadikar)
Judge, (C.R.No.20)
Dt.: 12/06/2019 City Civil Court, Gr. MUMBAI
Dictated on : 12.06.2019
Transcribed on : 12.06.2019
Signed on : 13.06.2019
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NM 1389/2019 .. 3 .. Suit No.7153/2002
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
14.06.2019 11.00 a.m. Sanjay B. Kaskar
(StopGap Stenographer)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
12.06.2019.
Judgement/order signed by P.O on 13.06.2019.
Judgement/order uploaded on 14.06.2019.
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