Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No. 3848/2019 ..1.. In SU No.660/2019
CNR NO.MHCC010107072019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 3848 OF 2019
IN
L.C. SUIT NO. 660 OF 2019
1. A. H. Wadia Trust,
Constituted under the provisions of the
Maharashtra Public Trusts Act 1950,
Having its Officer At : 70,
Dr. V. B. Gandhi Marg,
Mumbai 400 023.
2. Jahangir Ardeshir Wadia,
3. Muncherji Nusserwanji Cama,
4. Sheroo Jehangir Wadia,
5. Adil Jehangir Wadia,
No. 2 to 5 being the present Trustees
of Applicant No. 1 above named,
Having their Office At : 70,
Dr. V. B. Gandhi Marg,
Mumbai 400 023. ...Applicants
IN THE MATTER BETWEEN
Mansoor Ali (Salim) Maqsood Ali,
Residing At : Maulana Building,
Near Taxi Stand, Kasaiwada,
Qureshi Nagar, Kurla (East),
Mumbai 400 070. ...Plaintiff
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Notice of Motion No. 3848/2019 ..2.. In SU No.660/2019
Versus
1. The Municipal Corporation of Gr. Mumbai,
(Through Asst. Municipal Commissioner),
Mahapalika Bhavan, Mahapalika Marg,
C.S.T., Fort, Mumbai 400 070.
2. Designated Officer / Assistant Engineer
M.C.G.M (Building & Factories),
'L' Ward, Municipal Market /
L. Y. Market Building, S. G. Barve Marg,
Kurla (West), Mumbai 400 070. ...Defendants
Appearance :
Mr. P. F. Singh, Advocate for Plaintiffs.
Mr. Giri, Advocate for defendant/MCGM.
Ms. Sheetal Mote, Advocate for applicant.
CORAM : HIS HONOUR JUDGE
SHRI A. N. MARE (C.R.No.11)
DATE : 19TH OCTOBER, 2019.
O R A L O R D E R
The applicant has taken out this Notice of Motion to recall
the order dated 27.09.2019 dismissing the Chamber Summons for want
of prosecution and restoring the Chamber summons on the ground that
at the time when the matter came up for hearing before this Court the
Advocate for the applicant was in the High Court for an urgent hearing
of another case.
2. Notice of Motion is opposed by the plaintiff on the ground
that there is no valid reason made out to seek recalling of the order.
Applicant has failed to register the Chamber Summons despite sufficient
chances.
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Notice of Motion No. 3848/2019 ..3.. In SU No.660/2019
3. Peruse. Heard.
4. The proceeding reveals that the draft Chamber Summons
was tendered on 23.08.2019 and on next two dates the Advocate for
applicant was absent. Ultimately, on 27.09.2019 Chamber Summons was
dismissed for want of prosecution.
5. The reason mentioned in the affidavit in support of Notice of
Motion, on the date of passing of order dated 27.09.2019 the Advocate
for applicant was absent as she was engaged in another matter before
the Hon'ble High Court. This ground is not disputed by the plaintiff. In
view of this, in the interest of justice the order dated 27.09.2019 can be
recalled and the applicant can be given an opportunity to prosecute the
Chamber Summons diligently. Hence, following order.
ORDER
1. Notice of Motion No.3848 of 2019 is made absolute in terms of
prayer clause (a) and (b).
2. The order dated 27.09.2019 dismissing the draft Chamber
Summons for want of prosecution is recalled.
3. The draft Chamber Summons is restored to its original stage.
4. Applicant shall get the Chamber Summons registered on or
before next date.
5. Costs in cause.
(A. N. MARE)
Judge,
Date : 19.10.2019 City Civil Court, Mumbai.
Dictated On : 19.10.2019
Transcribed on : 19.10.2019
HHJ Signed on : 22.10.2019
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Notice of Motion No. 3848/2019 ..4.. In SU No.660/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
24.10.2019 5.12 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 22.10.2019
Order signed by P.O. on 24.10.2019
Order uploaded on 24.10.2019
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