Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. NM No.4686/2019
MHCC010128182019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4686 OF 2019
(CNR NO.MHCC01-012818-2019)
IN
S. C. SUIT NO. 2536 OF 2017 (DISPOSED OF)
ANKUSH KEVALCHAND JAIN )...PLAINTIFF
V/S
KAMLESH DESAI )...DEFENDANT
Appearance :-
Learned Advocate Gaurav Nyayanit for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15
DATE : 04/12/2023
ORDER
1 The instant notice of motion is taken out by plaintiff for
restoration of suit No. 2536/2017. It is the contention of plaintiff that
he has filed suit for recovery of amount of Rs.1,45,645/- from the
-- 1 of 4 --
..2.. NM No.4686/2019
defendant which was lodged on 15/11/2017 and thereafter, writ of
summons were issued. However, writ of summons were not served upon
the defendant and for want of taking steps suit came to be dismissed in
default. It is contended that absence of advocate of plaintiff was not
intentional as he was out of station and advocate could not reach in
time.
2. The notice of motion is served upon the defendant but the
defendant failed to appear.
3 Heard learned advocate for plaintiff. It reveals from the
record that the suit was pending for many dates for taking steps and
due to failure on the part of plaintiff to take steps, the suit came to be
dismissed in default under Order IX Rule 5 of Code of Civil Procedure.
4 Considering the fact that the defendant remained absent
even though served with the notice of motion, I am of the view that an
opportunity deserves to be given to the plaintiff to proceed with the
suit. So far as the default committed by the plaintiff for taking steps,
saddling costs will suffice which is to be deposited with the DLSA office.
Hence, I proceed to pass the following order :-
ORDER
1. Notice of Motion No.4686/2019 in S. C. Suit
No.2536/2017 (disposed of), is hereby allowed
subject to payment of costs of Rs.3,000/- to be paid to
the DLSA office within one month from the date of
this order.
-- 2 of 4 --
..3.. NM No.4686/2019
2. After payment of costs, S. C. Suit No.2536/2017 to be
restored to its original stage.
3. Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 04/12/2023 C.R. No.15
Dictated on : 04/12/2023
Transcribed on : 04/12/2023
Signed on : 05/12/2023
-- 3 of 4 --
..4.. NM No.4686/2019
“Certified to be true and correct copy of the original signed order”.
05/12/2023
at about 3.30 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.15, Gr. Mumbai
Date of pronouncement of Order : 04/12/2023
Order signed by Hon'ble Judge on : 05/12/2023
Order uploaded on : 05/12/2023
at about 3.30 p.m.
-- 4 of 4 --