Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2040 of 2018 in L.C. Suit No. 1361 of 2013
CNR MHCC01-006645-2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 2040 OF 2018
IN
LONG CAUSE SUIT NO. 1361 OF 2013
Mr. Irfan Ahmed Furniturewala ]..Plaintiff
Versus
The Municipal Corporation of Greater ]
Mumbai & Anr. ]... Defendants
Coram : M. S. Deshpande, Judge,
(Court Room No. 5).
Date : 21st June, 2018.
Mr. L. K. Tripathi, Ld. Advocate for the plaintiff.
Ms. Rawade, Ld. APP for the defendant no. 1 Corporation.
ORDER
1 The plaintiff has taken out this chamber summons for
condonation of delay of 226 days in taking out the notice of motion and
further for recalling the order dated 08/09/2017 by which the suit was
dismissed.
2 The facts, in brief, are that on 05/08/2017, the matter was
-- 1 of 4 --
2 NM 2040 of 2018 in L.C. Suit No. 1361 of 2013
fixed for filing draft issues. It was adjourned to 08/09/2017. However,
the Ld. Predecessor had been pleased to dismiss the suit for want of
prosecution. According to plaintiff, his advocate could not attend the
matter due to miscommunication and the plaintiff did not attend the
matter under bonafide impression that his advocate would attend the
matter on the date of National Lokadalat i.e. 08/09/2017. His
advocate could not attend the date due to family problem. The copies
of order are received on 23/04/2018 and thereafter, the plaintiff took
out the present notice of motion.
3 The defendant Corporation strongly objected to restore the
suit. According to the defendant, the application for restoration is not
taken out.
4 Heard respective advocates. Perused the roznama.
5 It appears that the suit was dismissed for want of
prosecution on the date of National Lokadalat and that too when it was
for framing of issues. It is necessary to hear the plaintiff on merits and
therefore, the delay is required to be condoned and the said order is to
be recalled. The prejudice which may be caused to the defendants can
be compensated in terms of costs. Thus, the following order is passed:
ORDER
1. Notice of Motion No. 2040 of 2018 is made absolute by
condoning delay of 226 days and further recalling the order
dated 08/09/2017 subject to payment of costs of Rs. 2,000/.
-- 2 of 4 --
3 NM 2040 of 2018 in L.C. Suit No. 1361 of 2013
2. On compliance of the aforesaid order, on or before 05/07/2018,
suit be restored to its original stage on the file of this Court.
(M. S. Deshpande)
AdHoc Judge,
Dated: 21.06.2018 City Civil Court, Mumbai.
Directly typed on : 21/06/2018
Checked by HHJ on : 22/06/2018
Signed by HHJ on : 22/06/2018
-- 3 of 4 --
4 NM 2040 of 2018 in L.C. Suit No. 1361 of 2013
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 22.06.2018 at 5.10 p.m.
NAME OF STENOGRAPHER : Mrs. G.K. Kotawadekar
Name of the Judge (With Court
Room No.)
HHJ Shri. M. S. Deshpande
C.R. No. 5
Date of Pronouncement of
JUDGMENT/ORDER
21/06/2018
JUDGMENT/ORDER signed by
P.O. on
22/06/2018
JUDGMENT/ORDER uploaded
on
22/06/2018
-- 4 of 4 --