Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF SESSION FOR GREATER BOMBAY
NOTICE OF MOTION NO.3349 OF 2019
IN
S.C.SUIT NO.1140 OF 2017
Dena Bank ....Plaintiff
V/s
1. Mr.Bhagwan Sukhdev Patayit & Ors. .... Defendants
APPEARANCE:
Advocate K.D.Shukla for plaintiff
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 18th December, 2019
ORDER
Heard Ld.Counsel for plaintiff. Perused the contents of Notice of
Motion and affidavit. I also perused the record of Suit No.1140 of
2017.
It is submitted by the plaintiff that the suit bearing No.1140 of
2017 is filed by plaintiff against defendant and defendant nos.2 was
served with writ of summons and suit is proceeded against defendant
no.2 exparte and it is submitted that the envelope of writ of summons
to the defendant nos.1,3 and 4 were returned back without execution
and plaintiff was directed to take steps against defendant nos.1,3 and 4.
It is further submitted that the plaintiff failed to take steps against
defendant nos.1,3 and 4 and suit was dismissed by passing order on
30/07/2019. Lastly, it is prayed that the order dated 30/07/2019 be
set aside and the suit bearing No.1140 of 2017 be restored on his
original stage.
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Plaintiff has failed to take steps to sent writ of summons to the
defendant for appearance in the present Notice of Motion and therefore,
Notice of Motion is decided without being heard/written reply of the
defendant.
After hearing Ld.Counsel Mr.K.D.Shukla for plaintiff I drew my
attention towards order dated 30/07/2019. As per order dated
30/07/2019 suit was dismissed on the ground that plaintiff has failed to
take steps against defendant nos.1,3 and 4. Today also the plaintiff
failed to show his willingness to take steps against defendant nos.1,3
and 4 by way of Notice of Motion. Not a single statement made by the
plaintiff in the Notice of Motion to show that he is ready to take steps
against defendant nos.1,3 and 4. In absence of positive response on
behalf of plaintiff to take steps against defendant nos.1,3 and 4 I found
there is no merit in the Notice of Motion taken out by plaintiff. Hence, I
proceed to pass following order.
ORDER
Notice of Motion No.3349 of 2019 is dismissed with costs.
Date:18/12/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 18/12/2019
Typed on :18/12/2019
H.H.J.Signed on :18/12/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18.12.2019 at 5.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
18.12.2019
JUDGMENT/ORDER signed by P.O. on 18.12.2019
JUDGMENT/ORDER uploaded on 18.12.2019
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