Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M.No.3707 of 2019
CNR:MHCC01-010075-2019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
NOTICE OF MOTION NO.3707 OF 2019
IN
L.C. SUIT NO.2952 OF 2015
Najmuddin Gulamali Atthar .. Plaintiff
V/s.
The Mumbai Municipal Corporation
of Greater Mumbai .. Defendant
Appearance:-
Adv. D.A. Barot for plaintiff.
None for defendant/MCGM.
CORAM : HIS HONOUR ADDL. SESSIONS
JUDGE
SHRI. R. M. MISHRA
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 13/10/2023.
ORDER
This Notice of Motion is taken out by the plaintiff to set
aside the order dt.09/09/2019 and to restore the Notice of Motion
No.4976 of 2015.
2 After hearing the submissions of learned advocate for the
plaintiff, I have also gone through the record. After careful perusal of
the entire facts and circumstances, it reveals that the Notice of Motion
No.4976 of 2015 taken out by the plaintiff was pending for hearing
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since long. On 09/092019, on being found that none appeared for the
plaintiff nor any adjournment application is filed, therefore, Notice of
Motion No.4976 of 2015 came to be dismissed for want of prosecution.
3 While seeking to restore the Notice of Motion No.4976 of
2015 by setting aside the order dt.09/09/2019, it is the contention of
the plaintiff that the plaintiff being Dawoodi Vora Muslim, he was
unable to remain present on 09/09/2019 due to their Muharram
Festival and this fact was duly informed to his advocate. However,
advocate for the plaintiff was also held up in Small Causes Court in a
part-heard matter and he was unable to remain present when this
matter was called out. The learned advocate for the plaintiff vehemently
submitted that there is no intentional default on the part of the plaintiff
or his advocate.
4 In the light of aforesaid facts and circumstances, it reveals
that Notice of Motion No.4976 of 2015 was proceeding for hearing till
09/09/2019 and on that day, in view of absence of the plaintiff and his
advocate, same was dismissed for want of prosecution. Thereafter,
immediately on the next date, draft Notice of Motion (Notice of Motion
No.4976 of 2015) has been taken out to set aside the order of dismissal
and to restore the Notice of Motion No.4976 of 2015 which indicates
that there was no intentional default on the part of the plaintiff.
Nothing appears to me to disbelieve the reasons put forth by the
plaintiff while applying for the restoration of the Notice of Motion. So
far as earlier delay in hearing the Notice of Motion No.4976 of 2015 is
concerned, necessary directions can be given to the plaintiff to expedite
the hearing of the said Notice of Motion while restoring the same. No
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prejudice will be caused to the defendant, if the Notice of Motion is
restored so as to decide the same on merits. Thus, following order is
passed.
ORDER
1 Notice of Motion No.3707 of 2019 is allowed.
2 The order of dismissal of Notice of Motion No.4976 of 2015
dt.09/09/2019 is hereby set aside and the Notice of Motion No.4976 of
2015 is restored to its original stage.
3 The plaintiff is directed to expedite the hearing of Notice of
Motion No.4976 of 2015 so as to decide the same on merits.
4 Notice of Motion stands disposed off accordingly.
Date:13/10/2023. (R. M. Mishra )
Judge, City Civil Court,
Dictated on :13/10/2023. Gr.Mumbai.
Typed on :13/10/2023.
Signed on :13/10/2023.
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4 N.M.No.3707 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/09/2023. 04.02 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Shri. R. M. Mishra
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
13/09/2023.
JUDGMENT/ORDER signed by P.O.on 13/09/2023.
JUDGMENT/ORDER uploaded on 13/09/2023.
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