Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No. MHCC01-004620-2020
IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO. 1511 OF 2020
IN
S.C. SUIT NO. 2294 OF 2018
COMMERCIAL SUIT NO. 119 OF 2020
Canara Bank ]
Through Senior Manager, ]
A body corporate constituted ]
under the Banking Companies ]
(Acquisition and Transfer of Undertaking ]
Act 1970 having their Office at ]
Canara Bank, Chembur Camp, ]
Chembur, Mumbai-400 0074 ]......Plaintiff
V/s.
M/s. Shree Ganesh Tours & Travels ]
Prop: Shobha Suryakant Bandekar ]
C-33, Shivaji Nagar, Shivdarshan CHS, ]
Vashi Naka, R.C. Marg, Chembur, Mumbai-74 ]….Defendants
Appearances:
Ld. Adv. Mrs. Aarti P. Bhide for the plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32)
DATED : 21st January, 2021.
ORDER
By this present notice of motion, the plaintiff seeks to set
aside the Order dated 05.03.2020 dismissing the Commercial Suit No.
119/2020.
2. Heard learned Advocate Mrs. Aarti P. Bhide for the plaintiff.
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Order on NM No.1511/2020 .. 2..
3. Perused the notice of motion. Perused the Order passed by
this Court on 05.03.2020.
4. The order dtd. 05.03.2020 reflects that the plaintiff had
failed to file affidavit of service and to take steps. The suit, therefore,
was dismissed with costs. It is submitted by the plaintiff that the Chief
Manager, Mr. Vidyadhar Khandait had met with an accident and the
staffs were not aware about the suit. It is submitted that due to March
ending, there was heavy workload in the bank. The E-mails of the
Advocate were missed out by the plaintiff bank. It is further submitted
that due to lockdown, the plaintiff could not take steps for restoration
of the Suit. The plaintiff therefore prays for restoration of the suit.
5. The defendants was served with the notice of motion. He
had not appeared appeared in the notice of motion and had failed to
contest the notice of motion.
6. The reasons for non persuasion of the suit appears to be
proper. The Chief Manager suffered from accident and the staffs were
not aware about the pendency of the suit. So also, due to March
ending, the E-mails of the Advocate in respect of the suit were ignored
due to workload. Further there was lockdown due to Coronavirus
pandemic. The contention raised in the notice of motion appeared to
be just and proper. In the interest of justice, the Commercial Suit No.
119 of 2020 needs to be restored to its original file.
In the result, following order is passed.
O R D E R
1. The Notice of Motion No. 1511/2020 is allowed.
2. The Order dated 05.03.2020 dismissing the Commercial
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Order on NM No.1511/2020 .. 3..
Suit No. 119/2020 is set aside.
3. The Commercial Suit No. 119/2020 is restored.
4. The Notice of Motion stands disposed of.
(SANJAY N. YADAV)
Additional Sessions Judge
Dt.: 21.01.2021 Gr.Bombay at Mumbai.
Dictated on : 21.01.2021
Typed on : 21.01.2021
Signed by H.H.J.on : 22.01.2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.01.2021 at 12.37 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
21.01.2021
Judgment/order signed by P.O. on 22.01.2021
Judgment/order uploaded on 22.01.2021
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