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Court Order

Final Order 1

CNR MHCC01013360201903 Jul 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 03 Jul 2023 · CNR MHCC010133602019

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IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :MISC APPLICATION/0100146/2019
Mr. Nareshkumar Motilal Ahuja Vs Devilal Mogaji Patel alias Patidar s/o Mogaji Halia Patel alias
Patidar
Date : 03-07-2023
Business : Adv.Akshata Shinde present for plaintiff. None present for
defendant. KB. L.O. at 1.30 PM. Adv. Deepak Raut present
for plaintiff. Heard the Advocate of plaintiff, It is contention
that he had filed a SUM Suit No. 955/15 and took out for
summons for judgment No.345/15 the Defendant was
granted leave to defendant subject to deposit of Rs.
4,00,000/- however, he deposited only 50,000/-. As per the
report of PLA dept Exh.3 is inconsequent to pay amount of
400000/- as per the order in SJ the suit came to be decreed.
Now, the plaintiffs want to withdraw the amount by filing
this MA. The notice to the defendant is served, he appeared
through his counsel but didn&amp#039t reply. Today
also counsel of defendant and his counsel are absent.
Considering the submission, I proceed following order
Order 1.M.A. No.146 of 2019 is allowed. 2.The plaintiff is
permitted to withdraw of Rs.50,000/- on submitting
understanding that he will deposit the said amount as and
when directed by Court. 3. The PLA dept to pay the amount
to plaintiff as per rule. 4.Proceeding is closed.
Nature of Disposal : ALLOWED
Disposal Date : 03-07-2023
COURT 15 ADDL SESSIONS JUDGE
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