Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1414/19 in Stamp 12003/18 .. 1 .. Order
CNR No. MHCC010036372019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1414 OF 2019
IN
SUIT STAMP NO. 12003 OF 2018
Smt. Smita Dilip Keer ...Plaintiff.
V/s.
Mr. Nandakumar Kashinath Keer ...Defendants.
Appearances:
Learned Adv. Mr. Suhas M. Kharat for plaintiff.
Defendant No.1 in person.
Learned Adv. Ms. Juilee Ghadge for defendant No.4.
Learned Adv. Mr. Amol Doijode for defendant No.5.
CORAM : HIS HONOUR JUDGE
SHRI SADRUDDIN A. QUAZI
(C.R.No.04)
DATED : 26th April, 2019.
: ORAL ORDER :
1. The plaintiff has requested in this Notice of Motion to set aside
the order dated 22.01.2019 passed by this Court and to restore the suit.
By the said order dated 22.01.2019, the suit has been dismissed on
account of the absence of the plaintiff and also on account of the
plaintiff's failure to remove the office objections. The suit has not been
registered as the objections raised by the office were not removed.
2. The defendants have been served with the Notice of Motion, as
per the affidavit of service dated 08.04.2019. The defendants have not
filed reply to the Notice of Motion.
3. I have heard the arguments advanced by the learned Advocate for
the plaintiff as well as learned Advocate for defendants No.1,2,3 and 5.
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In the affidavit in support of the Notice of Motion, it is submitted that
the office has raised the objection that the plaintiff has not paid the
deficit Court Fees of Rs.37,230/. The plaintiff could not pay the Court
Fees due to his poverty and was trying to arrange for the funds for
payment of Court Fees. In the meanwhile, the matter was listed on
22.01.2019. His Advocate was held up in another Court and, therefore,
he was unable to attend this Court. Consequently, the aforesaid order
dated 22.01.2019 has been passed for dismissing the suit in default. The
absence of the plaintiff was not deliberate and, therefore, the Notice of
Motion may be allowed and suit may be restored.
4. Considering the above submissions made by the plaintiff in the
Notice of Motion, the suit may be restored, in the interest of justice and
plaintiff may be allowed to remove the office objections, in respect of
payment of Court Fees. Hence, I pass the following order.
: O R D E R :
1. The Notice of Motion No.1414 of 2019 is
allowed in following terms :
(i) The order dated 22.01.2019 is set side
and the suit is restored to file.
2. In these terms, the Notice of Motion stands
disposed of accordingly.
(SADRUDDIN A. QUAZI)
Judge, (C.R.No.4)
Date : 26.04.2019. City Civil Court, Gr. Mumbai
Dictated on : 26.04.2019.
Transcribed on : 02.05.2019.
Signed on : 02.05.2019.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02.05.2019, at 3.00 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S. A. Quazi
Court Room No.4
Date of Pronouncement of Judgment/order 26.04.2019
Judgment/order signed by P.O. on 02.05.2019.
Judgment/order uploaded on 02.05.2019.
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