Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 180519 in NM 81017 IN L C SU 259708
MHCC010051172019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1805 OF 2019
IN
NOTICE OF MOTION NO.810 OF 2017
IN
L C SUIT NO.2597 OF 2008
Smt. Leelavati Vijay Jha ] ...Plaintiff.
Versus
Swastik Motors and Others ]…Defendants.
Appearance:
Ld Advocate Sonali Dahotre for plaintiff.
Ld Advocate Chandramore for Defendant No.4/MCGM.
Ld Advocate Kadam for Defendant No.5.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 30/7/2022
ORAL ORDER
1) Plaintiff has taken out present Notice of Motion for setting
aside order dtd.2/4/19 dismissing notice of motion No.810/19 and for
restoration of notice of motion No.810/17.
2) Perused the notice of motion, affidavit in support of notice
of motion, say of defendant No.4 and record. Heard arguments
advanced by Ld Advocate for plaintiff and Ld Advocate for defendant
No.4 and 5.
3) From the record it appears that on 2/4/19 the matter was
fixed for hearing of notice of motion No.810/17 and as plaintiff and his
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2 NM 180519 in SU 259708
Advocate were absent on that day notice of motion No.810/17 was
dismissed in default for want of prosecution. In the affidavit in support
of notice of motion plaintiff. From the record it appears that plaintiff
has taken out present notice of motion on 26/4/19. In the affidavit in
support of notice of motion plaintiff has stated that on 2/4/19 her
Advocate on record was suffering from viral fever and therefore he
cannot remain present and plaintiff also could not remain present due
to her health problem. Nothing has been brought on record so as to
disbelieve above cause mentioned in affidavit in support of notice of
motion for absence of plaintiff and her Advocate on 2/4/19. Therefore,
there appear just and exceptional cause for the absence of plaintiff and
her advocate on 2/4/19. From the above discussion and matter on
record in the interest of justice it will be appropriate to set aside the
order dtd. 2/4/19 dismissing the notice of motion No.810/17 and to
restore the notice of motion No.810/17 to its original stage. As such
present notice of motion deserves to be made absolute. Therefore,
court proceeds to pass the following order:
ORDER
1) Notice of motion No.1805 of 2019 is made absolute.
2) Notice of motion No.810 of 2017 be restored to its original stage.
3) Notice of motion No. 1805 of 2019 is disposed off accordingly.
Date : 30/7/2022
(Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated & typed on : 30/7/2022.
Checked on : 3/8/2022.
Corrected & signed on :3/8/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
3/8/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
30/7/2022
JUDGMENT/ORDER signed by P.O.
on
3/8/2022
JUDGMENT/ORDER uploaded on 3/8/2022
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