Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010110842019
CNR NO. MHCC010110842019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4023 OF 2019
IN
S.C. SUIT NO.2255 OF 2017
MR. MAFATLAL BACHHRAJJI SANGHAVI ] … Plaintiff
V/s.
M/S. GLOBAL COMPOSITES & ]
STRUCTURAL LTD. ] ... Defendant
Appearances :-
Ld. Adv. Mr. S.R. Maourya for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G .
BORLEPWAR
(C.R.No.20)
DATED : 15th December, 2020
ORAL ORDER
1. Plaintiff took out this Notice of Motion to set aside the
Order dated 13,03,2019 for placing the suit in the caption of dismissal.
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2. Perused Notice of Motion, affidavit in support of Notice of
Motion.
3. In brief, it is contention of the plaintiff that he could not
remain preent before the Court and could not instruct Advocate to
prepare his evidence affidavit due to his frequent trip out of Mumbai
and Maharashtra. Thereafter, matter posted on 19.03.2019 for Ex-parte
evidence. On that day plaintiff did not remain present before the Court.
Nobody appeared for him before the Court on that day. Consequently,
matter posted for dismissal order from 19.03.2019 to 15.06.2019. The
absence of plaintiff on 19.03.2019 is not intentional.
4. Perused service affidavit. It is informed by the service
affidavit that copy of the Notice of Motion is served to the defendant
but defendant did not remain present before the Court.
5. Heard Learned Advocate appearing for the plaintiff.
Perused Roznama dated 19.03.2019 and 15.06.2019. Noboday
appeared for plaintiff on 19.03.2019. Therefore, matter posted for
dismissal of the suit to 15.06.2019. On 15.06.2019 Advocate Maurya
appeared for plaintiff and sought time to take necessary steps to change
caption of dismissal of suit. Consequently, this Notice of Motion is filed.
6. Perused Order 9 Rule 3 of the Code of Civil Procedure. As
per the said Rule where neither party appears when the suit is called on
for hearing, the Court may make an order that the suit be dismissed.
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7. It is contention of the plaintiff that he remained absent on
19.03.2019 because of his frequent trip out of Mumbai and
Maharashtra. Inspite of service of Notice of Motion to defendant, none
appeared for defendant. It appears me that absence of plaintiff on
19.03.2019 is not intentional. Therefore, the caption of the suit
posting the suit for dismissal from 19.03.2019 to 15.06.2019 can be set
aside and plaintiff can be permitted to lead evidence. Hence I proceed
to pass the following order:
ORDER
Notice of Motion No. 4023 of 2019 in Suit No. 2255 of 2017 is allowed
as under-
1. Caption of dismissal of Suit dated 19-03-2019 is hereby set aside.
2. Plaintiff is permitted to lead evidence.
3. Matter be posted for evidence of plaintiff.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 15/12/2020 City Civil Court, Gr. MUMBAI
Dictated on : 15/12/2020.
Transcribed on : 23/12/2020.
P.O. is on Christmas Vacation
from 23.12.2020 to 28.12.2020
checked on : 29/12/2020.
Signed on : 29/12/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.12.2020 at 01.30 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 15/12/20
Judgment/order signed by P.O. on 29.12.2020
Judgment/order uploaded on 29.12.2020
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