Date: 19-07-2019
Business: court is on leave.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Advocate Anand Singh for plaintiff present.
None present for defendant.
Adjourned for steps to 03.10.2019.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Anand for plaintiff present.
Registered nm 2161/19 @ affidavit tendered by adv. for plaintiff.
Application for substitute service.
Reason satisfactory. Notice be served to deft through pasting and publication.
Adjd. to 03.12.2019 for nm service.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Aanad Singh for plaintiff present
He filed register motion no.2161/19 along with affidavit tor.
None for defendant.
Matter is adjd to 22/01/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: None present.
Adjd to 20.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: P.O. is on leave.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Rekha shinde for plaintiff filed
Affidavit of service of NM-Exh.3
The report of Civil Court Vashi as endorsed on the back page of the Notice of Motion 2161/19 shows that the Notice has been served on the defendant by pasting. So also the affidavit of service Exh.3 @ the newspaper shows that proclamation of notice has been published in the newspaper. However, the defendant failed to appear.
Hence, the notice of motion to proceed Ex-parte against the defendant and without his appearance.
Order of Notice of Motion 2161 of 2019
Heard the Ld advocate on behalf of the plaintiff. The Notice of Motion prays for condonation of delay of 1562 days and for restoration of the summary suit 8418/2002. It appears that the summary suit 8418/2002 was dismissed in default for want of prosecution on 19-11-2014. The reasons mentioned in the Affidavit in support of Notice of Motion are that the suit was originally filed before the Hon\''ble High court. It is contended on behalf of the plaintiff that after the suit was transferred to this court, the plaintiff had taken out chamber summons to join all the partners of the defendant. However, the whereabouts of the defendants were not traceable. Meanwhile the advocate on record shifted her office and lost the track of the matter. The plaintiff was suffering from various ailments of which documents are annexed with the affidavit. He also had undergone eye surgery. Cause of it he could not take the follow up. The reasons given by the plaintiff are on affidavit which has been not rebutted. Hence, same have to be relied on. The reasons given are satisfactory and sufficient to condone the delay and restore the suit. The defendant failed to contest the notice of motion. In this background, the notice of motion deserves to be allowed subject to cost.
Hence, the Notice of Motion 2161 of 2019 is allowed and delay caused to the plaintiff is condoned and the summary suit No.8418 of 2002 be restored to its file and the original stage subject to cost of Rs.3000/- to be paid to the state government by the plaintiff.
Nature Of Disposal: ALLOWED
Disposal Date: 08-03-2021
