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Court Order

Final Order 1

CNR MHCC01009562201923 Jun 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 23 Jun 2023 · CNR MHCC010095622019

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IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103507/2019
Ms. Rohit and Company Vs 1.Ms. Hind Tools India Pvt.Ltd. 2.Mr.Vivek Kumar Jayhind Singh
3.Mr. Jaihind Jaynarayan Singh
Date : 23-06-2023
Business : Adv.Anchal Jain present for plaintiff. None for defendant.
Heard the advocate of plaintiff she tendered service
affidavit as per the service affidavit the defendant no. 1 has
left the premises other 3 defendants are not found in given
address. It is argued that in the suit the Writ of Summons is
served to the all defendant. The service affidavit on dated
03-08-2015 the summons is served to the all the defendant
through the R.P.A.D the address is given it appears correct,
hence it is proper service. Therefore proceed Ex-parte
against the defendants. It is argued by Advocate of plaintiff
the matter settled between the parties the defendants have
cleared the due therefore the plaintiff was entitled to file
compromise or withdraw the suit but in mean time due to
absence of authorized person. Suit is dismissed in default.
She contended that the absence of authorized person was
not intentional. The plaintiffs want to withdraw the suit
after restoration or to file consent terms. Considering the
submission the motion deserves to be allowed. Hence, I
pass following order. Order 1. NM No.3507/19 is allowed.
2. Suit no. 470/15 stands restore to original stage. 3. The
suit be fixed on 21-07-2023. 4. NM No. 3507/19 is stands
disposed off accordingly. Matter stands adjourned for
withdrawn on 21-07-2023.
Nature of Disposal : ALLOWED
Disposal Date : 23-06-2023
COURT 15 ADDL SESSIONS JUDGE
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