Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.2717/2019
MHCC010074702019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.2717 OF 2019
(CNR NO.MHCC01-007470-2019)
IN
SUIT NO.3292 OF 2011 (DISPOSED OF)
(HIGH COURT SUIT NO.541 OF 2011)
Dena Bank )...Plaintiff
V/s.
M/s Shah Hansraj )
Karamshi & Others. )...Defendants
Appearance :-
Learned Advocate K. D. Shukla alongwith Advocate Karuna Adangale for
plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15
DATE : 07/10/2023.
ORDER
1 This notice of motion is filed for setting aside the order of
dismissal of the Suit bearing No.3292/2011, dated 16/08/2014,
contending that the original suit was filed before the Hon’ble High
Court, where the defendants had appeared and later on the matter was
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transferred to this Court; but the transfer notice was not served upon
the parties. Plaintiff had appeared, but suit was dismissed as the
plaintiff failed to serve the writ of summons upon the defendants and
hence, prayed for restoration of suit.
2 The notice was served upon the defendants by paper
publication, but none of them appeared and hence, proceeded ex-parte.
3 Heard learned advocate for the plaintiff.
4 Perused the record. It reveals that the suit was initially filed
before the Hon’ble High Court, but no notice of transfer was served
upon the defendants. The plaintiff took efforts to serve summons upon
the defendants and in consequence of failure on the part of the
defendants to appear even through paper publication, the suit
proceeded ex-parte against the defendant Nos.1, 2, 4 to 6. Hence,
matter proceeded further. It also appears from the roznama dated
04/04/2013 that defendants filed vakalatnama after condonation of
delay. As per the roznama dated 27/02/2014, matter proceed as ex-
parte against defendant Nos.1, 2, 4 to 6 and as per roznama dated
16/08/2014, suit was dismissed in default as the plaintiff failed to take
steps against defendant No.3 and to file claim affidavit against the
remaining defendants. In such a situation, I am of the opinion that the
suit was required to be dismissed against defendant No.3 only.
Thereafter, to proceed against remaining defendants. Thus, considering
these situations, I am of the view that suit deserves to be restored to is
original stage, resultantly, I proceed to pass the following order :-
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ORDER
1. Notice of Motion No.2717/2019 in disposed of Suit
No.3292/2011, is hereby allowed.
2. Order dated 16/08/2014 in Suit No.3292/2011,
stands set aside.
3. Suit No.3292/2011, be restored to its original stage.
4. After restoration, suit be placed on 24/11/2023 for
taking steps by plaintiff.
5. Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 07/10/2023 C.R. No.15
Dictated on : 07/10/2023
Transcribed on : 07/10/2023
Signed on : 09/10/2023
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“Certified to be true and correct copy of the original signed order”.
10/10/2023
at about 11.10 a.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 07/10/2023
Order signed by Hon'ble Judge on : 09/10/2023
Order uploaded on : 10/10/2023
at about 11.10 a.m.
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