Order 1

Order Details: Other
Pdf Text: 04.05.2024
02
CORAM : H. H. J. Shri. V. D. KEDAR,
JUDGE (C. R. No. 14)
Com Suit 371/2021
Exh. 10
None present for plaintiff when called.
KB
LO at 1.19 pm
None present for plaintiff when called.
Inspite of giving opportunity the plaintiff failed to file ex-
parte evidence. Hence the matter stands dismissed for
default.
LO at 4.45 pm
Adv Vijay Chavan for plaintiff present.
He filed an application for setting aside dismissal order. t.o.r.
marked as Exh. 10. O- Seen.
It is submitted that the plaintiff has filed his affidavit of
evidence along with documents and the matter is for
marking of documents. However as the witness is not
remaining present, hence the matter kept for dismissal order.
The Ld. Adv for plaintiff was at his native place and reached
Mumbai today morning itself. However when the matter
was called he could not remain present and thus the matter
was dismissed. Hence the matter may kindly be restored by
setting aside dismissal order.
Herein it is to be noted that the plaintiff has filed the suit in
the year 2019 as a Summary Suit. Thereafter, it was
converted into the Commercial Suit. The plaintiff has filed
his affidavit of evidence along with documents on
02/12/2023. However thereafter the plaintiff and his
Advocate continueously remained absent. Today also when
the matter was called twice in the morning session, none
appeared for the plaintiff. The witness is also absent. But as
the application for restoration is filed today itself, thus in the
interest of justice it needs to be allowed subject to imposing
of some costs. Hence the following order -
1. The application (Exh. 10) stands allowed.
2. Dismissal order dated 04/05/2024 is hereby set aside
subject to payment of cost of Rs. 3000/- to be paid to
DLSA, Mumbai on or before 10/06/2024.
3. Needless to say payment of cost is condition precedent.
4. Upon payment of cost suit be restored to its original
number.
5. Application (Exh. 10) stands disposed of.
Judge
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