Final Order 1

Order Details: Notice of Motion
Pdf Text: L.C. Suit No.2431/2016 ORDER IN N.M. No.3842/2019
MHCC010104592019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.3842 OF 2019
(CNR NO.MHCC01-010459-2019)
IN
NOTICE OF MOTION NO.42 OF 2017 (DISP. OF)
IN
L.C. SUIT NO.2431 OF 2016
Patiodia Syntex Ltd. ...PLAINTIFF
//VERSUS//
Designated Officer-3, Asst. Engr. (Bldg. &
Fact), G/South Ward, Municipal Corporation
of Greater Mumbai. ..DEFENDANT
Appearance :
Advocate Yashpal Jain for the plaintiff.
Advocate Amal Patil for the defendant / BMC.
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
(COURT ROOM NO.06)
DATE : 17th JUNE, 2026.
ORDER
Read the affidavit in support, reply of defendant and pursis
Exhibit-5. Heard both parties.
2. By this Notice of Motion, the plaintiff has prayed for recall of
order dated 19.07.2019 and restoration of the Notice of Motion No.42
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L.C. Suit No.2431/2016 ORDER IN N.M. No.3842/2019
of 2017 on record. The only objection of the defendant / Corporation is
that the Notice of Motion was dismissed for non-prosecution and the
order of dismissal was of 19.07.2019 and not of 19.07.2017.
3. Record reflects that vide order dated 20.07.2019 i.e. after
dismissal of the earlier Notice of Motion and during the pendency of
this Notice of Motion, the earlier order passed in Notice of Motion
No.42 of 2017 was continued till filing of reply by defendants.
Defendants have filed handwritten reply on 09.02.2026 and in that
reply there is no any objection or whisper about the continuation of the
earlier order granted on 01.10.2016 in the Notice of Motion No.42 of
2017 which came to be dismissed. Hence, following order.
ORDER
1. Having regard to the pursis filed by the plaintiff at Exhibit-
5 and the affidavit in support, the order dated 19.07.2019
whereby the Notice of Motion No.42 of 2017 was dismissed
is recalled. Accordingly, the Notice of Motion is disposed of.
2. Earlier order passed in Notice of Motion No.42 of 2017 on
21.10.2016 is continued till next date.
3. Notice of Motion No.42 of 2017 be restored to the file on
record.
4. Parties to take note.
(PRASHANT C. KALE)
Judge, City Civil Court,
Date: 17.06.2026 Greater Bombay.
Dictated on : 17.06.2026.
Transcribed on : 17.06.2026.
Signed on : 17.06.2026.
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L.C. Suit No.2431/2016 ORDER IN N.M. No.3842/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.06.2026 at 06.15 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. PRASHANT C. KALE
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
17.06.2026
Judgment/Order signed by P.O. on 17.06.2026
Judgment/Order uploaded on 17.06.2026
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