Final Order 1

Order Details: Notice of Motion
Pdf Text: 16 02.03.2022
NM 2280/19
SCS 715/17
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv. Sanket M. Mungle for pltff present.
None for deft.
Adv for pltff tendered original registered NM No. 2280/19. TOR.
Order below NM No. 2280/19
Perused the NM which is supported by an affidavit of pltff
Roopchand Alian Rupo Jagasia. I have also perused order dt.
10/04/2017. On perusal of the same it appears that as the pltff
has failed to remove the objection raised by the board
department, the suit was dismissed. It is submitted that the pltff
will remove the objection within 2 weeks. Considering the
reasons mentioned in para no. 2 to 24 of the affidavit in support
of the NM, and as the main suit is for recovery of an amount, in
the interest of justice the delay in filing the NM needs to be
condone and also as the pltff is ready to remove the objection, an
opportunity needs to be given to the pltff to contest the suit on
merits. Hence I pass the following order.
ORDER
1. NM No. 2280/19 is allowed and made absolute in terms of
prayer clause a and b with condition that pltff shall remove the
objection within 2 weeks from today.
2. After the objection is being removed, the board department
take up the matter and should be assign it to the concerned
court.
Judge
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