Interim Order 1

Order Details: Order below exhibit
Pdf Text: Order Below Exh.6 ..1
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
ORDER BELOW EXH.6
IN
S.C. SUIT NO.1201 OF 2018
Navdeep Investment Consultancy Enterprises Pvt. Ltd. ...Plaintiff.
V/s.
Kerfegur Dara Doctor. ...Defendant.
Advocates
Sandeep Bhimekar for the plaintiff.
None for the defendant.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
(Court No.: 2)
DATED : 25th March, 2022.
O R D E R
Heard advocate for the plaintiff on application (Exh.6) filed by
the defendant for dismissal of the suit under Order 15A of the Civil
Procedure Code (CPC). Defendant and his advocate remained absent at
the time of hearing. Perused the application (Exh.6).
2. It appears that the defendant filed the present application for
dismissal of suit on the ground that the plaintiff failed to file evidence.
Perused the proceedings of the case and reply of the plaintiff (Exh.6A).
3. From perusal of record, it appears that suit was proceeded
without written statement and matter was fixed for evidence of the
plaintiff. Thereafter the defendant taken out Notice of Motion
No.4414/2019 for condonation of delay and setting aside without
-- 1 of 3 --
Order Below Exh.6 ..2
written statement order. Said notice of motion was allowed on
20.02.2020 subject to cost of Rs.5,000/- and written statement of the
defendant is taken on record as defendant paid cost of Rs.5,000/- to the
plaintiff. Matter should have been fixed for issues but on 26.02.2021,
the defendant filed the present application.
4. Under the circumstances, there is no question of filing evidence
by the plaintiff. Hence application is not tenable in view of above facts.
Further Order 15A of the C. P. C. deals with striking of defence in a suit
by lessor or licensor against lessee or licensee for eviction if the
defendant fails to deposit arrears of rent or licensee as directed by the
Court. Hence, application is also not legally sustainable. In the result,
application (Exh.6) is liable to be rejected. Hence, following order.
ORDER
Application (Exh.6) rejected.
(Sunil T. Soor)
City Civil Judge, Gr. Mumbai
Date : 25.03.2022
Typed on : 25.03.2022
HHJ signed on : 25.03.2022
-- 2 of 3 --
Order Below Exh.6 ..3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 25.03.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
25.03.2022
JUDGMENT/ORDER signed by P.O.
on
25.03.2022
JUDGMENT/ORDER uploaded on 25.03.2022
-- 3 of 3 --