Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice Of Motion No.2521/2019 ..1.. In Suit No.464/2015
CNR NO.MHCC010069282019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 2521 OF 2019
IN
L.C. SUIT NO. 464 OF 2015
1. Apollo Kala Krida Seva Mandal,
2. Mr. Manohar Gopal Rane,
Aged : 85 Years, Occ. : Retired,
Both Having Address At : 102/3538,
Neharu Nagar, Kurla (East),
Mumbai 400 024. ...Applicants
IN THE MATTER BETWEEN
Mr. Deen Mohammad N. Qureshi,
Aged : 44 Years,
Residing At : Plot No. 71,
Neharu Nagar, Opp. Building No. 101,
S. G. Barve Marg, Kurla (East),
Mumbai 400 024. ...Plaintiff
Versus
1. Apollo Kala Krida Seva Mandal,
Having Address At : 102/3538,
Neharu Nagar, Kurla (East),
Mumbai 400 024.
2. Mr. Manohar Gopal Rane,
Aged : 85 Years, Occ. : Retired,
Having Address At : 102/3538,
Neharu Nagar, Kurla (East),
Mumbai 400 024. ...Defendants
Appearance :
Mr. Rajeev Sawant, Advocate for Plaintiff.
Ms. Mhatre, Advocate for defendant/MCGM.
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Notice Of Motion No.2521/2019 ..2.. In Suit No.464/2015
CORAM : HIS HONOUR JUDGE
SHRI A. N. MARE (C.R.No.11)
DATE : 05TH NOVEMBER, 2019.
O R A L O R D E R
Defendants No. 1 and 2 have taken out this notice of mo
tion to set aside the no say order dated 23.09.2015 and exparte order
dated 16.01.2016 and for taking the written statement on record on the
ground that though they had engaged Advocate Mr. Giri Prasad Rao, he
did not attend the Court proceedings and did not inform the defendants
about the status of present suit. Only when defendant No. 2 was cross
examined in a criminal case and was asked about the status of present
suit, he inquired about it and came to know that the suit has proceeded
exparte against defendants No. 1 and 2. According to him, he believed
his lawyer and did no attend the proceeding. It revealed that their
lawyer also did not attend the proceedings.
2. Plaintiff has not filed reply.
3. Proceedings indicate that on 13.08.2015 Adv. Mr. Prasad
has filed Vakalatnama for defendants No. 1 and 2. On very next day
the no reply order is passed. On 16.01.2016 an exparte order is
passed.
4. The order to proceed with the suit exparte could not have
been passed since Adv. Prasad had already appeared for defendants No.
1 and 2. Considering the reason mentioned in the affidavit in support
of notice of motion, I hold that the order dated 23.09.2015 proceeding
with the notice of motion without reply can also be set aside. This is so
because the roznama indicates that Adv. Prasad did not appear in the
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Notice Of Motion No.2521/2019 ..3.. In Suit No.464/2015
proceedings. The parties shall not suffer for the laps on the part of
Advocate. Hence, the order.
ORDER
1. Notice of Motion No. 2521/2019 is made absolute in
terms of prayer clause (a).
2. No reply order dated 23.05.2015 and exparte order
dated 16.01.2016 are set aside. Defendants No. 1 and 2
to file Written Statement on next date without fail.
3. Costs in cause.
(A. N. MARE)
Judge,
Date : 05.11.2019 City Civil Court, Gr. Mumbai.
Dictated On : 05.11.2019
Transcribed on : 06.11.2019
HHJ Signed on : 07.11.2019
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Notice Of Motion No.2521/2019 ..4.. In Suit No.464/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.11.2019 5.49 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 05.11.2019
Order signed by P.O. on 07.11.2019
Order uploaded on 07.11.2019
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