Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.1449/2018 in Sum. Suit No.9634/1999
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 1449 OF 2018
CNR NO.:MHCC010045492018
IN
SUMMARY SUIT NO. 9634 OF 1999
(HIGH COURT SUMMARY SUIT 6142 OF 1999)
Ashwin Crane & Construction ]...Plaintiff
V/s.
Boppana Civil Constructions and another ]...Defendants
Appearances:
Advocate Mr. Mahesh Devani for the plaintiff.
None for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 27th MARCH, 2019.
ORAL ORDER
1. Plaintiff has stated that plaintiff's Office shifted twice and the file
containing Original documents were misplaced and were not traceable
inspite of his diligent search. Plaintiff has stated that he could not
attend the Court as he was suffering due to injury to his right knee since
16th December, 2017 and he was advised bed rest by Doctor upto 19th
December, 2017. Plaintiff has further stated that after recovering from
his illness, he contacted his Advocate to know what has happened. He
came to know matter is dismissed for default. Plaintiff has further stated
that he suffered heavy losses in his business and is in financial
difficulties. He has further stated that he was busy in defending other
-- 1 of 3 --
:2: N.M. No.1449/2018 in Sum. Suit No.9634/1999
matters and lost sight of this case. He has stated that the delay is not
wilful. He prayed to condone delay 77 days in taking out the Notice of
Motion. Plaintiff has stated that he is having good case on merits. He
has stated that if relief is not granted, it will cause irreparable loss and
damage to him.
2. It appears defendants have failed to file reply to this Notice of
Motion.
3. It appears all the contention of plaintiff have remained
unchallenged. Considering the reason stated that plaintiff's Office
shifted twice, it is probable that the file were misplaced and not
traceable. It is also probable that due to illhealth there is delay.
Plaintiff has stated that he was defending other matters and was in
financial difficulties. Considering all these reasons which are unopposed
by defendants it appears delay and absence in the suit is not intentional
Therefore, it will be proper to condone delay and set aside exparte
order passed. Hence, following order:
O R D E R
1. Notice of Motion No.1449 of 2018 is allowed.
2. Summary Suit No. 9634 of 1999 stands restored.
(S.P. AGARWAL)
Judge,
Date: 27.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 27.03.2019
Transcribed on : 27.03.2019
Signed on : 27.03.2019
-- 2 of 3 --
:3: N.M. No.1449/2018 in Sum. Suit No.9634/1999
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.03.2019 At 3:52 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
27.03.2019
Judgment/Order signed by P.O. on 27.03.2019
Judgment/Order uploaded on 29.03.2019
-- 3 of 3 --