Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO.456 OF 2022
(CNR NO.MHCC01-009568-2019)
Mr. Jayesh Pranlal Damani ….Plaintiff.
V/s.
The Municipal Corporation of Gr. Mumbai, ....Defendant
Appearance :
Adv. Pradeep Tiwari h/f Adv. Sachindra Tiwari for plaintiff.
Adv. Bibhishan Sutar for defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. R.V. BHAKTA
(C.R.NO.06)
DATE : 09thJuly, 2025.
ORAL ORDER
1. This Notice of Motion is taken by the plaintiff to remove the
matter from the caption of ‘dismissal’.
2. The plaintiff submitted that, the earlier advocate who attend the
matter suddenly not appear for the above case due to some
misunderstanding between the Partner of advocate and after checking
the roznama, associate advocate came to the knowledge about the
status of the Suit. The plaintiff further added that, now the earlier
advocate will not attend the matter. Therefore, prayed for removal of
Suit from ‘dismissal’ caption.
-- 1 of 3 --
2
3. The defendant / BMC has taken strong objection to this Notice of
Motion on the ground that, the plaintiff did not attend this matter and
remained absent intentionally. The plaintiff was not going on with the
matter seriously and hence, prayed to reject the Notice of Motion and
Suit be dismissed in the interest of justice.
4. I have gone through the Notice of Motion and say. After perusal of
the Notice of Motion it shows that there is no negligent or malafide act
on the part of plaintiff. In these circumstances, for the ends of justice, if
this Notice of Motion is allowed subject to cost, then no prejudice will
be caused to the defendant/BMC, rather it will serve the ends of justice.
Hence, following order :
ORDER
1. Draft Notice of Motion is allowed subject to cost of Rs.2000/-
(Rupees Two Thousand Only) and disposed of, accordingly.
2. The matter be removed from the ‘dismissal’ caption after the
payment of costs.
3. The plaintiff is hereby directed to pay the said cost to the
DLSA, Mumbai on or before next date, otherwise this order will
be stands vacated and suit will be dismissed for want of
prosecution.
4. Draft Notice of Motion be registered for statistical purpose.
(R.V. BHAKTA)
Judge,
City Civil Court,
Date: 09.07.2025 Gr. Bombay.
Direct dictated on computer : 09.07.2025
Checked on : 14.07.2025
Signed on :
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
14/07/2025 at 12.30 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. R.V. BHAKTA
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
09.07.2025
Judgment/Order signed by P.O. on 14.07.2025
Judgment/Order uploaded on 14.07.2025
-- 3 of 3 --