Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3532 OF 2019
(CNR NO.MHCC01-009643-2019)
IN
S.C. SUIT NO. 2688 OF 2011
Mr. Nurul Hasan shaikh ].. Plaintiff.
V/s.
1. Mr. Hemant Rajkumar ]
Gandhi and other ]..Defendant.
Advocate Mr. Shrinivas C. Singh for the plaintiff.
None present for the defendants.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 12th NOVEMBER 2021
ORDER
The Notice of Motion is filed for setting aside the dismissal
order passed by my learned predecessor on 03/09/2090 in Short Cause
Suit No. 2688 of 2011.
2. It is the case of the plaintiff that plaintiff filed his affidavit
of examination in chief and original documents along with list in the
matter. The matter was pending for admission and denial for many
days but defendants never appeared before the Court. On 23/07/2019,
learned advocate for plaintiff was present and on his request the matter
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was adjourned to 03/09/2019. On 03/09/2019, plaintiff and his
learned advocate were not present before the Court when the matter
was called. Hence, the suit was dismissed for want of prosecution.
3. Plaintiff has stated that he was absent before the Court as
he was ill. His advocate had gone to Palghar. Therefore, they could not
appear before the Court.
4. The Notice of Motion was also duly served upon the
defendants but they failed to appear before the court. Hence, my
learned predecessor posted the matter for arguments on 11/06/2021.
5. I have gone through the record and proceeding. I have
gone through the Roznama of Short Cause Suit no. 2688 of 2011. The
contentions in the notice of motion have gone unchallenged. It appears
that plaintiff filed his affidavit of examination in chief on 14/02/2013.
Thereafter, the matter was adjourned for ex parte arguments. However,
on 17/03/2016, it was again listed for exhibiting the documents.
Thereafter, again the matter was placed on 23/07/2019 when the
plaintiff filed as an application. On the next day i.e. on 03/09/2019,
plaintiff and learned advocate were absent and hence, the suit came to
be dismissed.
6. Plaintiff has come with the case that he was ill and hence,
could not remain present before the Court. This contention of plaintiff
is not contested by the defendants. They were having ample opportunity
to appear in the matter and contest the claim of plaintiff. They did not
avail the opportunity. Though the suit is old, it appears that, plaintiff is
willing to conduct the matter. Hence, I am inclined to give one more
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opportunity to plaintiff to conduct the matter. Hence, I proceed to pass
following order.
O R D E R
1. Notice of Motion No.3532 of 2019 is allowed.
2. Short Cause Suit No. 2688 of 2011 is restored
to its original stage.
3. Plaintiff shall serve a notice for appearance upon
the defendants returnable on 03/01/2022.
4. The matter be listed on 03/01/2022.
5. No order as to costs of this Notice of Motion.
6. Notice of motion No. 3532 of 2019 is disposed
of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 12.11.2021 Gr.Mumbai.
Dictated on : 12.11.2021
Typed on : 12.11.2021
Signed on : 17.11.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18.11.2021 AT 3.10 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
12.11.2021
Judgment/Order signed by P.O. on 17.11.2021
Judgment/Order uploaded on 18.11.2021
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