Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3333/19 ORDER 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3333 OF 2019
IN
SUMMARY SUIT NO.2177 OF 2016
BANK OF INDIA … Plaintiff
Vs.
MRS. TANUJA AMENDER SINGH … Defendant
Appearances:
Ld. Adv. Mr. Arun Kumar Mishra for plaintiff.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 23rd March 2022
ORDER
1. This Notice of Motion is filed by plaintiff with request to set aside
the order dated 02.08.2019. It is the submission of plaintiff that the
plaintiff has filed suit for recovery of Rs.2,69,773/ against defendant.
The suit is filed in the year 2016. Thereafter, this suit was posted for ex
parte evidence. But, on 03.08.2019, the Court has dismissed the suit.
As per statement of the plaintiff on 03.08.2019, there was heavy rain,
therefore, he could not attend the matter. Consequently, it was
dismissed. Actually, the plaintiff has prepared affidavit of evidence. But,
because of heavy rain he could not attend. With this submission he
requested to allow the Notice of Motion.
2. The plaintiff has filed service affidavit but defendant failed
to appear and failed to file reply. On perusal of roznama, it appears that
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NM 3333/19 ORDER 2
exparte order was passed against defendant on 19.04.2017. From
19.04.2017, the suit was pending for evidence of plaintiff. But, since
then, till the dismissal of the suit no one has attended proceeding.
Therefore, the Court has dismissed the Suit. Though the reasons of
dated 03.08.2019 may be genuine, but plaintiff has not explained
circumstance before 03.08.2019. Before 03.08.2019, also numbers of
dates have passed, but no one had attended the proceeding from the
side of plaintiff. Now, the plaintiff came with reason dated 03.08.2019
and requested to restore original suit to the original stage. The plaintiff
has filed suit for recovery of money. Considering nature of the suit and
reason dated 03.08.2019, it is necessary to grant one opportunity to the
plaintiff to proceed with suit. The plaintiff has caused delay, therefore,
he has to compensate it. Accordingly, following order is passed:
ORDER
1. Notice of Motion No.3333 of 2019 is made absolute
2. The plaintiff to pay costs of Rs.10,000/, which will
be credited to the State.
3. After payment of costs the suit is restored to the
original stage.
4. Notice of Motion No.3333 of 2019 is disposed
of accordingly.
sd/
(C.V. PATIL)
Adhoc Judge,
Date : 23/03/2022 City Civil Court, Gr. Bombay
Dictated on : 23/03/2022
Transcribed on : 28/03/2022
HHJ signed on : 29/03/2022
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NM 3333/19 ORDER 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload
Date
Upload Time Name of Stenographer
04.04.2022 12.10 p.m. Mr. S. V. AMBEKAR
Name of the Judge (With Court Room
No.)
HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
23.03.2022
JUDGEMENT /ORDER signed by P.O.
on
29.03.2022
JUDGEMENT /ORDER uploaded on 04.04.2022
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