Order 1

Order Details: Notice of Motion
Pdf Text: N/M 2211/18 in Su 7041/04 1/2 Date : 1.12.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC01 0071372018
NOTICE OF MOTION NO.2211/2018
IN
SUIT NO.7041/2004
Ashish Balchand Baldota ...Plaintiff
V/s.
New India Corporation & Ors. …Defendants
Adv. Ms. Chavan for plaintiff.
None appeared for defendants.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 1.12.2018
ORDER
(Dictated in open court)
1. By this motion, the plaintiff is seeking to set aside order dated
16.3.2018 and for condonation of delay in filing the motion.
2. Heard Ld. Counsel for the plaintiff. The defendants have not
entered their appearance since long. Perused the record.
3. By order dated 16.3.2018, this Court closed the evidence of
plaintiff on the ground that plaintiff did not file evidence despite grant
of last chance on 22.1.2018.
4. The Ld. Counsel for plaintiff invited my attention to the
explanation given by the plaintiff in paragraphs no. 2 to 7 of the affidavit
filed in support of the motion. It is stated in the affidavit that there was
mistake on the part of Advocate's Associate and the matter was not
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N/M 2211/18 in Su 7041/04 2/2 Date : 1.12.2018
attended on 16.3.2018. The plaintiff's Advocate could not attend the
Court before Summer vacation and he was out of India. The Ld.
Counsel therefore urged that plaintiff may be granted one more
opportunity to file evidence.
5. A party should not suffer due to lapse of Advocate. Considering
the explanation given by the plaintiff in the affidavit, I find that the
plaintiff can be granted one more opportunity to file evidence by
condoning the delay and setting aside order dated 16.3.2018. However,
the plaintiff is liable to pay cost for the delay in filing the motion and
evidence. Hence, following order.
ORDER
1. Notice of motion no.2211/2018 is made absolute in
terms of prayer clauses (a) and (b) subject to payment of
cost of Rs.2000/ to be paid to the District Legal Services
Authority within two weeks, failing which, notice of motion
shall be dismissed.
2. If the cost is paid, the plaintiff shall file evidence by next
date.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 1.12.2018 Gr. Bombay.
Dictated on : 1.12.2018
Transcribed : 4.12.2018
Signed on : 4.12.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
4.12.2018 at 1.40 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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N/M 2211/18 in Su 7041/04 3/2 Date : 1.12.2018
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
1.12.2018
JUDGMENT/ORDER signed by
P.O. on
4.12.2018
JUDGMENT/ORDER uploaded
on
4.12.2018
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