Final Order 1

Order Details: Other
Pdf Text: 15.06.2024
05
CORAM : H. H. J. Shri. V. D. KEDAR,
JUDGE (C. R. No. 14)
Com Suit 549/2021
Exh. 09
None present for plaintiff.
Today the matter is under the caption of dismissal order.
Record shows that since 04/12/2023 none present for the
plaintiff. Today also none present for the plaintiff when
called repeatedly. It seems that the plaintiff has lost interest
in the matter. Hence, the suit stands dismissed for default.
LO at 15.18 pm
Adv Kedar Prabhu for plaintiff present.
He filed an application for restoration of suit. t.o.r. marked as
Exh. 09. O- Seen.
It is submitted that the Ld. Adv for the plaintiff was under
the bonafide belief that the matter is in afternoon session.
When he reached at 2.45 pm, it was learnt that the suit was
dismissed in the morning session. It is further submitted that
the advocate on record is unable to attend the matter as she
is suffering from Acute Sciatica. It was bonafide mistake and
thus suit may kindly be restored to its original number.
Heard.
It is to be noted that there is no notice of motion or any
urgent application pending in the matter therefore, question
of keeping the matter in afternoon session does not arise. So
far as illness of Ld. Advocate on record is concerned, the
application is not supported by any certificate. Herein it is to
be seen that since 04/12/2023, no steps taken by the
plaintiff with the matter. It is a Commercial Suit which is
pending since 2021, thus, needs to be disposed of
expeditiously. Now in such circumstances and considering
the fact the application moved today itself, thus for interest
of justice, I am of the view that the application needs to be
allowed by imposing some costs. Thus the following order -
1. The application (Exh. 09) stands allowed subject to cost
of Rs. 5000/- to be paid to DLSA, Mumbai within 15
days from the date of order.
2. Upon payment of cost suit be restored to its original
number.
3. Needless to say payment of cost is a condition
precedent, failing which order stands automatically
vacated.
4. Application (Exh. 09) stands disposed of.
Judge
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