Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 28 ADD SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102161/2019
Jyotindra Vishanji Shah Vs Shyam Trading Co
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&amp#039ble 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
COURT 28 ADD SESSIONS JUDGE
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