Final Order 1

Order Details: Notice of Motion
Pdf Text: .. 1 .. N/M No. 3108/19 in Suit No.2390/13
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 3108 OF 2019
IN
Suit No. 2390 OF 2013.
Siddhivinayak Coop. Hsg. Soc. (proposed) ...Applicants.
In the matter between:
Dastagir Khan S/o Jahangir Khan ...Plaintiff.
V/s.
State of Maharashtra and ors. ...Defendants.
Adv. Mr. Tripathi for the Plaintiff.
Adv. Ms. Doshi for Defendant No. 7.
Adv. Mr. Saurabh Chitnis for Defendant No. 6
Adv. Pushpa Thapa h/f Prabhu for MHADA Defendant no. 5
Adv. Trivedi for SRA/Defendant4.
CORAM : HIS HONOUR JUDGE
MS. S. P. PONKSHE.
(Court Room No.12).
DATED : 17th SEPTEMBER, 2019.
ORDER
1. This Notice of Motion has been taken out by Defendant
No. 6 for recalling of order dated 18.04.2019.
2. Secretary of Defendant no. 6 has filed affidavit in
support of the Notice of Motion.
3. The Plaintiff has filed affidavit in reply by filing affidavit
of Dastagir Khan son of Jahangir Khan . It seems that on 18.04.2019,
no reply to Notice of Motion of the Plaintiff order has been passed.
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4. In affidavit in support of Notice of Motion, Defendant
No. 6 has shown cause disclosing why the delay has been caused in
filing reply. In order to decide Notice of Motion of the Plaintiff on its
merits, it is just to give opportunity to Defendant No. 6 to file reply to
the Notice of Motion. If Notice of Motion is allowed, no prejudice
would be caused to the Plaintiff. Considering delay caused for want
of reply on record to proceed further in the suit, costs is to be
imposed upon Defendant No. 6 while allowing this Notice of Motion.
Thus, this Notice of Motion is to be absolute. With this I proceed to
pass the following order.
ORDER
1. Notice of Motion No. 3108 of 2019 is made absolute, subject to
payment of costs of Rs.1000/ payable by Defendant No. 6 to the
Plaintiff forthwith.
2. Already tendered reply of Defendant no. 6 be taken on record.
3. Notice of Motion No. 3108 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Mumbai.
Dated : 17.09.2019.
Dictated on : 17.09.2019.
Typed on : 21.09.2019.
Signed by HHJ on :
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