Final Order 1

Order Details: Notice of Motion
Pdf Text: Date
23.09.2024
34
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
Suit No.
2263/2019
NM
3336/2019
NM
3568/2019
NM
1001/2021
NM
4646/2022
NM 833/2023
Exh.14
Adv. Sandip Sheregar present for plaintiff.
Adv. Shilpa Hadwale for defendant Nos.2 to 6.
Adv. Sandip Sheregar for plaintiff submits that, plaintiff had taken
Notice of Motion No.3336/2019. When it was given to him for
registration, he got it registered but unfortunately he misplaced
Notice of Motion No.3336/2019. He made such submission to Court
on 16.09.2019 and in place of Notice of Motion No.3336/2019, he
filed new draft notice of motion which was registered as Notice of
Motion No.3568/2019 dated 04.10.2019. I have verified roznama’s
of both dates. It appears plaintiff intially filed draft notice of motion
no.29.08.2019, he took it for registration . I came to be registered as
notice of motion no.3336/2019. Unfortunately before he could
submit registered notice of motion no.3336/2019 to Court, he lost
it. Therefore on 16.09.2019, he filed a fresh draft notice of motion
with same reliefs. My learned predecessor heard that notice of
motion on 17.09.2019 and passed status-quo order on that draft
notice of motion. Later on it was registered as notice of motion
no.3568/2019. In these circumstances notice of motion
no.3336/2019 should have been shown as disposed off but it is still
pending in CIS. Hence, I pass following order:
ORDER
Notice of Motion No.3336/2019 stands disposed off in view of filing
of Notice of motion no.3568/2019.
Say endorsed by advocate for plaintiff on Notice of Motion
No.1001/2021 itself.
Order passed on Notice of Motion No.1001/2021
Perused notice of motion, affidavit in support thereof and say
endorsed by learned counsel of plaintiff. Heard.
I think having regards to the nature of litigation and reasons
stated for condoning delay in affidavit in support of notice of
motion, it is necessary in the interest of justice to exercise discretion
in favour of defendant No.15 to 19. Therefore I pass following
order:
ORDER
1) Notice of Motion No.1001/2021 is allowed.
2) Written statement of defendant Nos.15 to 17 is taken on record.
Written statement of defendant Nos.15 to 17 is taken on record and
marked as Exh.14. O-R and R.
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Heard argument of partly argument of counsel of plaintiff on NM
No.3568/2019.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 15.10.2024.
Judge
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