Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3059-19 in Suit No.5032-12
CNR NO.MHCC01-008337-19
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3059 OF 2019
IN
L.C. SUIT NO. 5032 OF 2012
Riyaz Umar Mohidin …...Plaintiff
Versus
The Municipal Corporation of Greater Bombay ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 07th March, 2020
Appearance:
Ld. Adv. Halwasia for the plaintiff.
Ld. Adv. Mr. Nandanwar for defendant/MCGM.
ORDER
1. Heard learned Advocate for the plaintiff and learned Advocate for
the defendant Corporation.
2. The plaintiff by this notice of motion seeks to set aside the Order
dated 14.06.2019, dismissing the suit. It is the case of the plaintiff that
the Advocate for the plaintiff stopped attending the matter. It is
contended that the plaintiff had no knowledge of the dismissal of the
order.
3. The notice of motion is opposed by the defendant Corporation.
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2 NM 3059-19 in Suit No.5032-12
4. The suit is dismissed on 14.06.2019 and the present Notice of
Motion is moved on 25.07.2019. The matters are decided on merits not
on technicality. Considering the grounds mentioned in the notice of
motion, the suit needs to be restored to its original form.
In the result, following order is passed.
ORDER
1. The Notice of Motion No. 3059/2019 is allowed.
2. Suit No. 5032/2012 is restored to its original form, subject to cost of
Rs. 1,000/-. The same cost to be paid to the District Legal Services
Authority.
3. The interim relief to continue in case no action is taken by
defendant/corporation in respect of the notice structure till date.
4. The notice of motion No. 3059/2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 07.03.2020 City Civil Court, Mumbai.
Dictated on : 07.03.2020
Transcribed on : 11.03.2020
Signed by HHJ on : 14.03.2020
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3 NM 3059-19 in Suit No.5032-12
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.0.3.2020 at 10.29 am.
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
06.03.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded on 17.0.3.2020
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