Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2946-19 in Suit No.586-14
CNR NO.MHCC0100809919
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2946 OF 2019
IN
L.C. SUIT NO. 586 OF 2014
Mr. Junaid Kader Merchant ......Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 16th September, 2019.
Appearance:
Ld. Adv. Mr. R.P.Ozha for plaintiff.
Ld. Adv. Ms. Meena Dhuri for defendant/MCGM.
Ld. Adv. Mr. Shukla for defendant No. 2.
ORDER
1. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
2. The Notice of Motion No. 4003/2016 was dismissed for want of
prosecution on 29.06.2019. It is contended the said Notice of Motion is
filed by defendant No. 2.
The Notice of Motion was dismissed on 29.06.2019, it was
observed ''by Court'' the plaintiff and Advocate for the plaintiff absent.
The Notice of Motion No. 4003/2016 not prosecuted, hence dismissed
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2 NM 2946-19 in Suit No.586-14
for want of prosecution.
3. The defendant No. 2 had filed the Notice of Motion bearing No.
4003/2016. The notice of motion is not filed by the plaintiff and should
not have been dismissed for want of prosecution by the plaintiff.
It appears that the notice of motion was dismissed due to
inadvertence on the presumption that the notice of motion is preferred
by the plaintiff. The present notice of motion, therefore, needs to be
allowed by restoring the Notice of Motion No. 4003/2016.
In the result, following order is passed.
ORDER
1. The Notice of Motion No. 2946/2019 is allowed.
2. The Notice of Motion is restored.
(Sanjay N. Yadav)
Judge,
Date : 16.09.2019 City Civil Court, Mumbai.
Dictated on : 16.09.2019
Transcribed on : 17.09.2019
Signed by HHJ on : 24.09.2019
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3 NM 2946-19 in Suit No.586-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 24.09.2019 at 11.00 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
16.09.2019
JUDGMENT/ORDER signed by
P.O. on
24.09.2019
JUDGMENT/ORDER uploaded
on
24.09.2019
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