Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M No.2647/2019 in Suit No.1255/2009
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 2647 OF 2019
IN
LONG CAUSE SUIT NO. 1255 OF 2009
Sarosh Dadiba Bhownagree ]..Plaintiff.
V/s.
The Municipal Corporation of Greater ]
Mumbai and others. ]..Defendants.
Advocate Mr. Sandeep Sharma for the plaintiff.
Advocate Ms. Chandramohan for defendant no.1/BMC.
Advocate Ms. Prabhu for defendant no.2/MHADA.
The Defendant no.3 in person.
CORAM : HIS HONOUR JUDGE
S.R. SALUNKHE.
(C.R. No. 12)
DATE : 4th MARCH, 2020
ORAL ORDER
This notice of motion is taken out by the defendant nos.3 to
5 praying to set aside the dismissal order dated 06.06.2019 whereby,
the Notice of Motion No.4415/2018 was dismissed in default and to
restore the same notice of motion to its original stage. The defendant
nos.3 to 5 set out various grounds in the notice of motion to justify
setting aside the said order. No reply is filed by the plaintiff.
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2 N.M No.2647/2019 in Suit No.1255/2009
2 However, the learned advocate for the plaintiff fairly
submits before the Court that since the suit is already part heard and
fixed for cross-examination, to curtail further delay in the matter, let the
Notice of Motion No.4415/2018 be restored and be heard and decided
on its merit.
2 Considering the grounds in the notice of motion and the
submission on behalf of the plaintiff, it would be in the interest of
justice to set aside order dated 06.06.2019 dismissing the Notice of
Motion No.4415/2018 in default and to restore the said Notice of
Motion, so as to decide on its merit. Hence, the order.
ORDER
Notice of Motion No.2647 of 2019 is made absolute and
the order dated 06.06.2019 dismissing the Notice of Motion
No.4415/2018 is set aside and the said Notice of Motion is restored to
its original stage.
2 Notice of Motion No.2647 of 2019 stands disposed of
accordingly.
(S. R. SALUNKHE)
Judge,
City Civil Court,
Date: 04/03/2020. Gr. Bombay.
Dictated on : 04/03/2020
Transcribed on : 04/03/2020
Signed on : 04/03/2020
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3 N.M No.2647/2019 in Suit No.1255/2009
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/03/2020 At 12.05 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MR. S. R. SALUNKHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
04/03/2020
Judgment/Order signed by P.O. on 04/03/2020
Judgment/Order uploaded on 05/03/2020
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