Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No.2329/2018 in Suit No.429/2014
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.2329 OF 2018
(MH CCO10075242018)
IN
NOTICE OF MOTION NO.3367 OF 2017
IN
NOTICE OF MOTION NO.3848 OF 2014
IN
SUIT NO. 429 OF 2014
(MH CCO10014152014)
Sushma Builders, ]
A partnership Firm Registered ]
under the provisions of the Indian ]
Patnership Act, 1932, Having its ]
registered office at Jawhar Talkies ]
Compound, Rajendra Prasad Road, ]
410/B New Mehtab Building, S.D. Barve ]
Mulund (West), Mumbai 400 080. ].. Plaintiff.
V/s.
1 Manmohan Harsai Obhan ]
Age about 55 years, ]
Flat No.106, Liberty Complex, ]
Arvind Nagar Karwar Road, ]
Hubli – 580 024. ]
2 Ramesh Harsai Obhan ]
Age about 50 years, ]
Amar Prem CoHousing Society, ]
Flat No.24, Sector 16/A ]
Near Modern College, Vashi, ]
Mumbai400703. ]
3 Jayshree Sawaran Obhan ]
Wido of Swaran Harsai Obhan ]
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2 N/M No.2329/2018 in Suit No.429/2014
Yash Residency, 2nd Floor, ]
Flat No.04, Umaji Colony, ]
Opp. Shree Maya Hotel, Basilal ]
Nagar, Aurangabad – 431 133. ]
4 Mohini Devi Praladchand Oberoi ]
Bldg., No.3, Room No.34, ]
Sardar Nagar No.4, Rawali Camp, ]
Mumbai 400 037. ]
5 Rani Ramprakash Wasan ]
Bldg. No.13, Room No.607608, ]
G.T.B. Nagar, Sion Koliwada, ]
Mumbai 400 037. ]
6 Shobha Anil Mehta, ]
Pratham Heritage, “A” Wing, ]
7th floor, Sector No.19, ]
Kamothe (Khandeshwar) ]
New Mumbai 410 209. ]
7 Veena Hariom Vasan, ]
3rd floor, 4/167 Jatin Villa, ]
Sion (East), Mumbai 400 022. ]
8 Gita Vinod Vijan ]
Ground floor, Om Lamba Coop. ]
Housing Society Ltd., Opp: Bakti ]
Dham Mandir, S.T. Road, ]
Chunabhatti, Mumbai 400 022. ]
9 Lata Gulshan Bhatla, ]
Mahesh Kutir, Plot No.148, ]
Flat No.102, 14th floor, ]
Chembur, Mumbai – 400 071. ]
10 Narendra Doduram Obhan, ]
Age about 67 years, ]
Gurudevi Mansion, 1st floor, ]
Flat No.4 & 5, 3/AKA, ]
Subramanium Road, King Circle, ]
Mumbai 400 019. ]
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11 Deepak Narendra Obhan ]
Age about 41 years, ]
Gurudevi Mansion, 1st floor, ]
Flat No.4 & 5, 3/AKA, ]
Subramanium Road, King Circle, ]
Mumbai 400 019. ]
12 Nandakumar Duduram Obhan, ]
Age about 67 years, ]
Gurudevi Mansion, 1st floor, ]
Flat No.4 & 5, 3/AKA, ]
Subramanium Road, King Circle, ]
Mumbai 400 019. ]
13 Shashi Bal Dev Obhan, ]
Widow of Devkumar Moharchand ]
Obhan, Indrapuri Building, ]
43 A 4th floor, Flat No.22, ]
Sion Circle, Sion (West), ]
Mumbai 400 022. ]
14 Vijay Moharchand Obhan ] (Since deceased)
14A Smt. Geeta Vijay Obhan ]
14B Master Vishal Vijay Obhan ]
Both resding at ]
Indrapuri Building, ]
43 A 4th floor, Flat No.22, ]
Sion Circle, Sion (West), ]
Mumbai 400 022. ]
15 Sheela Ashok Obhan ]
Widow of Ashok Mohanchand Obhan]
6/14, Borla Society Dr. C.G. Road, ]
Chembur, Mumbai 400 074. ]
16 Shree Mayur Pankh Coop. ]
Housing Society Limited, ]
Having its registered office at ]
N.S. Road, Mulund (West), ]
Mumbai 400 080. ]..Defendants.
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Advocate Mr. Ketan Parekh for the plaintiff.
Advocate Mr. A.K. Singh for defendant no.16.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.01)
DATE : 6th JULY 2018
ORAL ORDER
This Notice of Motion has been taken out by the plaintiff
for setting aside dismissal order passed on 14.06.2018 in Notice of
Motion Nos.3848/2014 and 3367/2017 and for continuation of ad
interim order dated 12.02.2014.
2 Heard the learned advocate for the plaintiff and learned
advocate for defendant no.16.
3 Perused affidavit in support of notice of motion and
affidavit in reply tendered by defendant no.16. It appears that the
plaintiffs have failed to make compliance of tendering registered Notice
of Motion Nos.3848/2014 and 3367/2017. Further, admittedly, Notice
of Motion No.2634/2015 of defendant no.16 was pending for
modification of adinterim order passed on 12.02.2014. By way of
affidavit in reply, defendant no.16 has given no objection to restore the
notice of motions of the plaintiffs, but objected for granting relief in
terms of prayer clause (b).
3 Thus, considering above fact, it is just to restore Notice of
Motion Nos.3848/2014 and 3367/2017 in the interest of justice. It
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appears that adinterim order was passed in Notice of Motion
No.3848/2014, but original Notice of Motion was not tendered.
According to the plaintiff, pleadings of Notice of Motion No.3848/2014
are completed. Then it is not just to grant adinterim relief as prayed in
this notice of motion by way of prayer clause (b). The advocate for the
plaintiff is ready to tender registered Notice of Motion Nos.3848/2014
and 3367/2017.
4 It is pertinent to note that while dismissing notice of
motions of the plaintiff, the Court has taken into consideration notice of
motion no.2634/2015 tendered by defendant no.16 for modification of
adinterim order. Therefore, as the Court is intending to only restore
notice of motion of the plaintiff, it is necessary to restore notice of
motion no.2634/2014 of defendant no.16 in the interest of justice.
Therefore, the present notice of motion is to be partly allowed with
directions to the plaintiff to argue in Notice of Motion Nos. 597/2014,
3848/2014 and 3367/2017 and notice of motion no.2634/2015 of
defendant no.16. Due to default at the hands of the plaintiff i.e. for
want of tendering registered notice of motions in time, the litigation is
dragged. Therefore, delay caused is to be considered and for that it is
necessary to impose costs upon the plaintiff. Therefore, costs is to be
imposed upon the plaintiff, while allowing notice of motion. With this,
I proceed to pass the following order:
ORDER
Notice of Motion No.2329 of 2018 is hereby partly allowed
in terms of prayer clause (a) subject to the payment of costs of
Rs.1,000/ (Rupees one Thousand only) payable by the plaintiff to
defendant no.16 on or before next date and also subject to tendering
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original registered Notice of Motion Nos.3848/2014 and 3367/2017
before this Court on or before next date.
2 On payment of costs and tendering registered notice of
motion, Notice of Motion Nos. 3848/2014 and 3367/2017 be restored
and be kept for hearing on the next date.
3 The plaintiff's Notice of Motion No.597/2014 also be kept
for hearing.
4 Notice of Motion No.2634/2015 of defendant no.16 be
restored and be kept for hearing.
5 Notice of Motion No.2329 of 2018 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 06/07/2018. City Civil Court,
Gr. Bombay.
Dictated on : 06/07/2018
Transcribed on : 07/07/2018
Signed on : 07/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/07/2018 At 3.05 a.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.01)
Date of pronouncement of
Judgment/Order
06/07/2018
Judgment/Order signed by P.O. on 07/07/2018
Judgment/Order uploaded on 07/07/2018
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