Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3211/2019 SUM.SUIT 3434/2011 1
IN THE CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.3211 OF 2019
IN
SUMMARY SUIT NO.3434 OF 2011
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-008745-2019)
Dinesh L Salvi (Deleted as per court’s order)
1(a) Kishori Dinesh Salvi & Others ...Plaintiffs
Versus
Union of India and others. ..Defendants
Appearances:-
Advocate Mr.Dhruve for the Plaintiffs.
Advocate Mr. Saxena for the Defendants.
.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 21ST FEBRUARY 2020
J U D G M E N T
1. By this Notice of Motion defendants NO.1A to 5 requested to set
aside order dated 04/07/2019 dismissing the notice of motion
No.2595/2017 and restore the same on the file. The plaintiff resisted
the notice of motion . Heard Ld.advocates on behalf of both the parties .
Perused the record.
2. The Ld. advocate on behalf of the defendants argued that on
04/07/2019 when the notice of motion was fixed for hearing, for the
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NM 3211/2019 SUM.SUIT 3434/2011 2
reasons mentioned in the notice of motion the defendants could not
remain present. The defendants are the revenue authorities and if the
notice of motion is not allowed there would be revenue loss. Therefore,
he requested to allow the notice of motion.
3. On the other hand, Ld.advocate on behalf of the plaintiff argued
that the grounds mentioned in the notice of motion are contradictory
and are not sufficient to set aside dismissal of earlier notice of motion.
He argued that the defendants have been trying to delay the matter.
Their conduct past of the notice of motion also show that they are
negligent in respect of the present matter. Therefore, he requested to
reject the motion.
4. It appears that summary suit No.3434/2011(High Court
Summary suit No.814/2011) was ex-parte decreed by the court in
favour of the plaintiff. The defendants vide notice of motion 2595/2017
requested for setting aside said ex-parte decree. However, that notice of
motion 2595/2017 was dismissed in default on 04/07/2019. By present
notice of motion the defendants prayed to set aside dismissal order
dated 04/07/2019 and restore the notice of motion 2595/2017.
5. The defendants mentioned reasons for absence on 04/07/2019 as
that their advocate was not present in court due to heavy rains in
Mumbai and some of his personal problems. It is also stated that the
defendants do not have separate panel of advocate to represent them
before this court. Therefore, some times the advocate is held up in High
Court and cannot attend the matter in other court. This court must note
that the reasons as quoted are not satisfactory and reliable because it is
not clear as to whether the advocate could not attend the court due to
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rains or due to his personal problems or as he was busy in other court.
Thus, the reasons as mentioned in the notice of motion are vague and
appear to have been mentioned with casual approach. The plaintiff in
his reply has pointed out as to how the defendants delayed the matter.
The failure of the defendants to state clear and specific reason for
absence on 04/07/2019 also substantiates the contention of the plaintiff
that the defendant’s approach is very negligent towards proceeding with
the case. In any case, the reasons given by the defendants in the notice
of motion are not reliable. No material is produced in support of the
contentions that the advocate was held up in any other court or that the
advocate had personal problems to attend the matter. Even it is not
clear as to in which matter the advocate was held up or what personal
problems the advocate had. Therefore, it has to be held that no grounds
are made out to allow the notice of motion . Resultantly, the notice of
motion is liable to be rejected. Hence, order as follows is passed:-
ORDER
The Notice of motion No.3211/2019 is rejected.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date:21/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 21/02/2020
Signed on : 24/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
25/02/2020 at 12.55p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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NM 3211/2019 SUM.SUIT 3434/2011 4
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 21/02/2020
Judgment/Order signed by P.O. on 24/02/2020
Judgment/Order uploaded on 25/02/2020
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