Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Nilam Mehta for plaintiff is present.
Order below NM No. 1894/19
Perused the notice of motion which is supported by an affidavit being executed by
the Manager of State Bank of India Shri Somnathkar. None turned up for the
defendant in spite of deemed service of notice of motion. Heard. I have perused the
order dtd. 28.02.2019 which shows that as the plaintiff has not complied the order
below Chamber Summons No. 1710/17, therefore the suit was dismissed. It is a
matter of record that the suit was initially filed before the Hon’ble High Court and
due to change in pecuniary jurisdiction was transferred to this Court. In Para No. 3
of the affidavit it is stated that there was some mistake on part of the lawyer. It is
the Trite Law that for mistake of the advocate, the parties should not suffer.
Considering the reasons mentioned in Exh.4 and for giving an opportunity to the
plaintiff/bank, in my opinion by imposing certain cost to be paid to the DLSA,
Mumbai, the suit can be restored in the interest of Justice. Hence, I pass the
following order:
ORDER
Notice of Motion No. 1894/19 is allowed and made absolute in terms of prayer
clause (a) and (b) subject to plaintiff bank paying cost of Rs. 500/ (Rupees Five
Hundred) paid within two weeks to the DLSA, Mumbai.
Notice of Motion is disposed of accordingly.
-- 1 of 1 --