Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. Notice of Motion No.4271/2019
MHCC010116782019
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.4271 OF 2019
(CNR NO.MHCC01-011678-2019)
IN
SHORT CAUSE SUIT NO.3426 OF 2008 (DISPOSED OF)
Union of India Thru Sr. Supdt. Of )
Post Offices Mumbai )...Plaintiff
Versus
Smt. Ila Yogesh Shah and another )...Defendants
Appearance :-
Learned Advocate Smita Hartalkar for plaintiff.
Learned Advocate Vishal Sheth holding for Advocate Ashish Dubey for
defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84
DATE : 10/12/2024.
O R D E R
1 This notice of motion is taken out by plaintiff for
restoration of suit. It is the contention of plaintiff that it is Government
-- 1 of 4 --
..2.. Notice of Motion No.4271/2019
Office of Union of India. The suit was filed against defendants bearing
No.3426 of 2008 for recovery of amount. The matter was kept for cross-
examination of witness of plaintiff. Advocate Smita P. Hartalkar was
appointed as an Additional Government pleader and was appearing in
this matter. She requested for grant of time on 16/10/2019, but the
Court rejected the submission and request of the advocate and
dismissed the suit in default. It is the contention of plaintiff that the
order of dismissal deserves to be set aside and it is desirable that the
matter should be decided on merit as substantial amount is involved in
the suit which is to be adjudicated on merit and prayed for allowing of
notice of motion.
2 The learned advocate for defendant appeared and denied
the contention of the plaintiff and tendered reply on the overleaf of the
notice of motion, contending that in case of allowing notice of motion,
heavy costs be imposed.
3 Heard rival parties at length. It reveals from the record that
on the day when the suit came to be dismissed in default, the learned
advocate was present. The Court has observed that she was having no
authority and no vakalatnama was filed. Today, the learned advocate for
plaintiff has tendered the appointment letter issued by the
Superintendent of Post Office. The said letter was issued prior to the
date of dismissal, thus, on the given date, she was having authority and
had appeared for the first time before the Court after her appointment
as an advocate for plaintiff. Hence, naturally she sought time for
preparation of the matter, though the matter was pending since year
-- 2 of 4 --
..3.. Notice of Motion No.4271/2019
2008, she was required to be given an opportunity to get herself
prepared for the matter. Therefore, I am of the view that the notice of
motion deserves to be allowed. In the result, I proceed to pass the
following order :-
ORDER
1. Notice of Motion No.4271 of 2019 in Suit No.3426 of
2008 (Disposed of), is hereby allowed.
2. Order dated 16/10/2019 in Suit No.3426 of 2008
stands set aside.
3. Suit No.3426 of 2008 stand restored and be fixed for
taking steps by plaintiff.
4. Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 10/12/2024. Court Room No.84
Dictated on : 10/12/2024.
Transcribed on : 10/12/2024.
Signed by HHJ on : 11/12/2024.
-- 3 of 4 --
..4.. Notice of Motion No.4271/2019
“Certified to be true and correct copy of the original signed order”.
12/12/2024
at about 05.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 10/12/2024
Order signed by Hon'ble Judge on : 11/12/2024
Order uploaded on : 12/12/2024
at about 05.30 p.m.
-- 4 of 4 --