Final Order 2

Order Details: Notice of Motion
Pdf Text: N/m No. 1422/18 in S.C.Suit No. 2284/14. 1 Order.
MHCC010044982018
Presented on : 05-04-2018
Registered on : 05-04-2018
Decided on : 25-07-2025
Duration : 7 years, 3 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1422 OF 2018
IN
S. C. SUIT NO. 2284 OF 2014
Shyam Manik Aswani )...Plaintiff
Versus
Rubicon Research Private Limited )...Defendant
Sushil Shukla, Advocate for the plaintiff.
Swati Indorkar, Advocate for the defendant.
CORAM : HER HONOUR JUDGE MRS. M.M.DESHPANDE.
(COURT ROOM NO.66).
DATE : 25th JULY, 2025.
ORDER
1. The plaintiff has filed present notice of motion to restore
the Suit No. 2284/2014 dismissed in default on 22/09/2016.
2. The contention of the plaintiff is that the plaintiff had filed
suit for recovery of amount. The said suit was dismissed for want of
prosecution on 22/09/2016. Neither the plaintiff nor his advocate was
present before the Court. The plaintiff further contended that the
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N/m No. 1422/18 in S.C.Suit No. 2284/14. 2 Order.
plaintiff was not keeping well and therefore could not attend the Court.
The advocate for the plaintiff had also gone out of station. The plaintiff
prayed that great prejudice will be caused if the suit is not restored.
Hence he prayed to restore the suit.
3. The defendant filed its reply and denied all the contentions
made by the plaintiff. According to defendant, the plaintiff remained
absent and therefore suit was dismissed in default for want of
prosecution. There are no grounds made out to restore the suit. No
medical certificate is attached with the notice of motion about the
illness of plaintiff. There is a delay in filing of the notice of motion.
Hence it prayed to reject the notice of motion.
4. Heard learned counsel of plaintiff and learned counsel for
defendant. Gone through the record.
5. On perusal of record and proceedings, it appears that the
plaintiff had filed suit for recovery of amount and for declaration that
the termination of the plaintiff from service of the defendant is illegal. It
is a fact that the suit is dismissed in default for want of prosecution on
22/09/2016. On considering the fact that rights and interest of the
plaintiff are involved in the suit, therefore it will be just and proper to
decide the suit on merit. Therefore I find it just and proper to restore
the suit to its original stage. In the result, following order is passed :-
- ORDER -
1. Notice of Motion No. 1422/2018 is allowed.
2. Suit No. 2284/2014 is restored to its original stage.
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N/m No. 1422/18 in S.C.Suit No. 2284/14. 3 Order.
3. No order as to costs.
4. N/m No. 1422/2018 is disposed off accordingly.
(MRS. M.M.DESHPANDE)
Judge,
City Civil Court,
(Court Room No.66)
Date : 25/07/2025. Mumbai.
1. Dictated on : 25/07/2025.
2. Transcribed on : 28/07/2025.
3. Signed on : 28/07/2025.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
28/07/2025. 5.42 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court
Room no.)
HHJ Mrs. M.M.Deshpande.
(Court Room No.66).
Date of Pronouncement of
Judgment/Order
25/07/2025.
Judgment/Order signed by P.O. on 28/07/2025.
Judgment/Order uploaded on 28/07/2025.
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