Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Sushma Keny for plaintiff present.
Adv. Nilu Mishra for defendant nos. 1 and 2 present.
Adv. Prachi Mhatre for defendant no. 3 present.
Heard argument of Ld. Advocate for plaintiff and defendant nos. 1 to 3 on Notice of Motion No.
1725/2018.
Order below Notice of Motion No. 1725/2018
Heard. This Notice of Motion is tendered for setting aside and recalling order dated 20.01.2018
dismissing the S. C. Suit (Stamp) No. 11027/17 for not removing the office objection. The Ld.
Advocate for the plaintiff submitted that the plaintiff time and again visited the office but was not
apprised about the objection as the record was not traceable with the department. Therefore the
plaintiff could not remove the office objection. The Ld. counsel for the defendants submitted that
the reasons given by the plaintiff is not sufficient reason. The delay of 77 days is not explained by
the plaintiff
On perusal of the record it appears that the matter was listed before the court on 13.10.2017 on the
precepie of the plaintiff and on that day it was directed to plaintiff advocate to remove the office
objection. Further on 22.11.2017 also the plaintiff was directed to remove the office objection. On
8.12.2017 as plaintiff failed to remove office objection, the matter was placed for dismissal and
ultimately on 20.1.2018 suit came to be dismissed. The contention of the plaintiff is not acceptable
that the matter was not traceable with the department when the advocate for the plaintiff had been
to remove the office objection. But the said contention of the plaintiff is contrary to the record, as
on 22.11.2017, 8.12.2017 and 20.1.2018 neither plaintiff nor his counsel remained before the Court.
Be that as it may, the suit was dismissed on technical count as plaintiff failed to remove the office
objection. The substantial rights of the parties are involved and there should not be hyper technical
and pedantic approach in dealing with such type of motion. Hence, the notice of motion needs
consideration. Hence it is expedient to pass following order
ORDER
1. Notice of Motion No 1725/2018 is made absolute in terms of prayer clause (a) subject to cost of
Rs. 2,000/- each to be paid to the defendant nos. 1 and 3 within a period of four weeks from today.
2. Payment of cost is subject precedent.
3. On payment of the cost within stipulated time, suit be restored to its original stamp number and
plaintiff to remove the office objection immediately within 10 days from the date of restoration.
4. Notice of Motion is disposed of.
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Adjourned for compliance to 4.12.2019.
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