Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2104-18 in Suit No. 1139-15
CNR NO.MHCC01-006807-18
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2104 OF 2018
IN
L.C. SUIT NO. 1139 OF 2015
Gajanan Vinayak Naik .....Plaintiff
V/s.
The Municipal Corporation of Greater Mumbai
& Anr. …..Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 03rd February, 2020
Appearance:
Ld. Adv. Mr. Y.K. Tiwari for the plaintiff.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
Ld. Adv. Mr. M. Fernandes for defendant No.2.
ORDER
1. The plaintiff by this notice of motion seeks to set aside the order
dated 06.11.2015 alongwith Chamber Summons No. 2016/2015.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. It is contended that the Chamber Summons No. 2016/2015 was
served on the plaintiff on 23.10.2015. The matter thereafter was posted
on 04.11.2015 for reply of the plaintiff.
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2 NM 2104-18 in Suit No. 1139-15
4. The reply was not filed on 04.11.2015. It is stated that the prayer
for granting time was rejected by the Court. The matter was kept back
and was further kept for orders.
5. On 06.11.2015, the Advocate for plaintiff could not remain
present as he was busy in other matter. The plaintiff could not attend
the Court as he was stuck up. The matter was requested to be kept back
by Adv. Ms. Kaul. Before her reaching the Court, the order was passed.
The Chamber Summons No. 2016/2015 was allowed.
6. It clearly goes to suggest that the plaintiff was given time to file
the say. The say was not filed by the plaintiff on 04.11.2015. The
matter was posted on 06.11.2015. On 06.11.2015 no reply seem to be
filed, therefore order was passed.
The grounds mentioned in the notice of motion do not call upon
the Court to exercise discretion in favour of the plaintiff. The plaintiff
was provided sufficient opportunity to file say/reply but the plaintiff
had failed to reply the notice. The notice of motion, therefore, cannot
be entertained.
In the result, following order is passed.
ORDER
The Notice of Motion No. 2104/2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 03.02.2020 City Civil Court, Mumbai.
Dictated on : 03.02.2020
Transcribed on : 04.02.2020
Signed by HHJ o n : 07.02.2020
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3 NM 2104-18 in Suit No. 1139-15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 10.02.2020 at 11.27 a.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
03.02.2020
JUDGMENT/ORDER signed by
P.O. on
07.02.2020
JUDGMENT/ORDER uploaded on 10.02.2020
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