Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1559 OF 2018
CNR MHCC010048582018
IN
L.C.SUIT NO. 1360 OF 2011
CNR MHCC010016412011
Mrs. Shyama Amarnath Sharma )...Plaintiff.
V/s.
The Municipal Corporation of Greater Bombay )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 19/04/2018.
Ld.Adv. Mr. Redekar for the plaintiff.
Ld. Adv.Mrs. Kamble for the BMC/defendant
ORAL ORDER
This notice of motion is taken out by the plaintiff for setting
aside order dated 10/4/2018 wherein notice of motion no. 1193/11
was dismissed in default. This notice of motion is supported by an
affidavit . The defendant/Municipal Corporation of Greater Mumbai
(in short 'MCGM') has strongly opposed the notice of motion.
2. Heard advocates of both the sides.
3. The main suit is old one and from time to time it was
adjourned for notice of motion hearing. The roznama dated 10th April,
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2018 shows that none appeared for the plaintiff and therefore notice of
motion no. 1193 of 2011 was dismissed in default. It is not disputed
that , till 10/4/2018 ad interim relief was running in favour of the
plaintiff. It is submitted that the advocate who appeared on behalf of
the plaintiff could not attend the Court on 10/4/2018 as his
grandfather had suffered a brain haemorrhage and was hospitalized. It
is also submitted that his grand father passed away on 31st March,
2018 and on 10/4/2018 the advocate had gone to the native place for
performing last rites of his late grandfather. These facts are also
mentioned in paragraph no.3 of the affidavit in support of notice of
motion.
4. On perusal of the roznama , since long the matter was
pending for hearing on notice of motion and the earlier order was
continued. Several roznamas shows that last chance was granted on
various dates. Today, the advocate Redekar has made a statement at
bar that on next date, he will argue the notice of motion no. 1193/11
positively and if he fails to do so, then the ad interim relief should not
be continued. Considering the fact that the matter is old one, certain
conditions needs to be imposed before allowing the present notice of
motion. Hence for giving fair opportunity and in the interest of justice,
I pass the following order.
ORDER
1. The notice of motion no. 1559 of 2018 is
allowed and made absolute in terms of prayer
clause (a) and (b) subject to the following
conditions.
(a) Plaintiff shall pay the costs of Rs.2000/ to the
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MCGM within the period of one week.
(b) After payment of costs, the notice of motion
no.1193/11 be restored and on next date the plaintiff
shall argue the same.
(c) The suit is also expedited and the parties shall not seek any
further adjournment without any genuine reasons.
(d) Adinterim relief of notice of motion no.1193/11 is
continued till next date and subject to compliance of
aforesaid conditions.
2. Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:19/04/2018.
Dictated on : 19/04/2018.
Transcribed on : 19/04/2018.
Signed on : 20/04/2018
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date And Time
20/04/2018 at 4.20 p.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.08)
Date of Pronouncement of
JUDGMENT / ORDER
19/04/2018
JUDGMENT / ORDER signed by
P.O.on
20/04/2018
JUDGMENT / ORDER uploaded on 20/04/2018
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