Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2657-19 in Suit No. 1019-17
CNR NO.MHCC0100728719
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2657 OF 2019
IN
L.C. SUIT NO. 1019 OF 2017
Mr. Manish Chotelal Tiwari …...Plaintiff
Versus
Municipal Corporation of Gr. Mumbai & Anr. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 17th October, 2019.
Appearance:
Ld. Adv. Mr. R.R. Mishra for the plaintiff.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. Heard Learned Advocate for the plaintiff and Learned Advocate
for defendant corporation.
2. The Notice of Motion No. 1595 of 2017 was dismissed for want of
prosecution on 16.03.2019. It is submitted that he was not aware of the
order of dismissal dtd. 16.03.2019 and came to know about the same
on 19.06.2019.
It is stated that he could not attend the Court because of illhealth
of his father. The plaintiff prayed to set aside the order of dismissal of
the Notice of Motion No. 1595/2017.
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2 NM 2657-19 in Suit No. 1019-17
3. The Notice of Motion is resisted by the Advocate for the
defendant corporation, pointing out that there is no just reason to set
aside the order.
4. For the reason mentioned in the notice of motion and to give fair
opportunity to contest the Notice of Motion No. 1595/2017 needs to be
restored. In result the following order is passed.
ORDER
1. The Notice of Motion No. 2657/2019 is allowed.
2. The dismissal order of Notice of Motion No. 1595/2017 dtd.
16.03.2019 is set aside and is restored to its original form.
3. Put up the Notice of Motion 1595/2017 for arguments on
19.10.2019.
4. The Notice of Motion No. 2657/2019 stands disposed off
accordingly.
(Sanjay N. Yadav)
Judge,
Date : 17.10.2019 City Civil Court, Mumbai.
Dictated & directly typed on dies computer on : 17.10.2019
Checked by HHJ on : 24.10.2019
Signed by HHJ on : 24.10.2019
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3 NM 2657-19 in Suit No. 1019-17
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.11.2019 at 10.52 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
17.10.2019
JUDGMENT/ORDER signed by
P.O. on
24.10.2019
JUDGMENT/ORDER uploaded
on
07.11.2019
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