Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M. No.4170 of 2019
CNR:MHCC01-011434-2019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
NOTICE OF MOTION No.4170 OF 2019
IN
NOTICE OF MOTION No.1733 OF 2012
IN
L.C. SUIT No.1533 OF 2012
Mr. Khan Bahadur Khan .. Plaintiff
V/s.
The Municipal Corporation
of Gr. Mumbai .. Defendant
Appearance:-
Adv. Girish Pawar for plaintiff.
Adv. Sachin Vajale for defendant/BMC
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
SHRI. R. S. ARADHYE
CITY CIVIL COURT, GR. BOMBAY
(C.R. No.05).
DATE : 29/03/2025.
ORDER
The present Notice of Motion is taken out on behalf of
plaintiffs for setting aside the dismissal order Dtd.16/09/2019 and
thereby restoration of Notice of Motion No.1733 of 2012.
2. I have gone through the affidavit in support of Notice of
Motion and say of defendant/MCGM filed below Motion itself.
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3. It is the case of proposed plaintiffs/applicants that on the
date of dismissal of Notice of Motion i.e. 16/09/2019, their advocate
was out of town and could not remain present before the Court. Notice
of Motion No.1733 of 2012 is filed for temporary injunction against
defendant/MCGM and notice issued under Section 351 of the MMC Act
1888 is under challenge. Therefore, taking into consideration the reason
of absence, relief claimed in the earlier Notice of Motion, there is no
delay in taking out the present Notice of Motion, so order
Dtd.16/09/2019 may kindly be set aside and Notice of Motion No.1733
of 2012 be restored to its original number.
4. On behalf of defendant/MCGM, it is contended that after
filing of the suit, plaintiff continuously remained absent and failed to
proceed with the matter. Thus, in view of reluctant attitude of the
plaintiff, Court has rightly dismissed the Notice of Motion, accordingly,
present Notice of Motion be dismissed with costs.
5. I have gone through the Roznama Dtd.16/09/2019 and
some prior dates from which it disclosed that on 16/09/2019 neither
plaintiff nor his advocate was present, so Court has dismissed the Notice
of Motion No.1733 of 2012 for want of prosecution. But, earlier on so
many dates, either plaintiff or his advocate was present and matter was
adjourned for hearing on Notice of Motion. Notice issued under Section
351 of the MMC Act 1888 is challenged by the plaintiff in this suit and
now asking for the temporary injunction against defendant/MCGM by
the said Notice of Motion. Therefore, taking into consideration relief
claimed in the Notice of Motion No.1733 of 2012 and absence only on
the date of dismissal order as well as no delay in filing present Notice of
Motion, I think it that dismissal order Dtd.16/09/2019 deserves to be
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set aside, but not without costs, so in the result, following order is
passed.
ORDER
1. Notice of motion No.4170 of 2019 is hereby allowed.
2. Proposed plaintiffs/applicants to deposit cost of Rs.2000/-
to the office of DLSA Mumbai on or before next date and after
compliance of this direction, Notice of motion No.1733/2012 be
restored to it’s original number.
3. Notice of motion is accordingly disposed of.
Date: 29/03/2025. (R. S. Aradhye)
Dictated on :29/03/2025. Judge, City Civil Court,
Typed on :01/04/2025. Gr.Mumbai.
Signed on :03/04/2025.
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4 N.M. No.4170 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03/04/2025. 02.58 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Shri. R. S. Aradhye
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
29/03/2025.
JUDGMENT/ORDER signed by P.O.on 03/04/2025.
JUDGMENT/ORDER uploaded on 03/04/2025.
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