Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101381/2018
Mr. Sanjay Sushil Bhosale 2.Prakash Makhanlal Khandelwal 3.Sanjay Tribhuvandas Chauhan Vs
The Asstt. Municipal Commissioner, MCGM
Date : 15-01-2019
Business : Adv Bakliwal for plff present. Adv Mrs.Vyavhare for BMC/
deft present. K.B.. Later on.. Adv Bakliwal for plff present.
Adv Mrs.Vyavhare for BMC/deft present. Heard arguments
of both sides. Order on N/M No.1381 of 2018 - The instant
notice of motion for restoration of suit no.159/17 is filed
within one month from the date of its dismissed in default
on 27/02/2018. the defendant corporation has opposed the
same on the ground that the suit premises is demolished.
The plaintiff has averred that he was out of station on
27/02/2018 when the matter was called for hearing. The
existence/nonexistence of suit premises is aspect to be
considered for deciding the main suit. That is not a ground
to refuse restoration of suit which is filed within limitations.
Hence, Notice of Motion no.1381 of 2018 is allowed and
made absolute in terms of prayer clause (a) subject to cost
of Rs.1000/- payable to the defendant corporation on or
before next date. The suit be restored with same number
and at its earlier stage.
Nature of Disposal : ALLOWED
Disposal Date : 15-01-2019
COURT 8 ADDL SESSIONS JUDGE
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