Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL Court AT BOMBAY
NOTICE OF MOTION NO.4939 OF 2019
IN
SHORT CAUSE SUIT NO. 1193 OF 2018
MISHRIMAL CHUNNILAL JAIN ].. Plaintiff.
V/s.
1. M/S. ARIHANT JEWELLERS ]
AND OTHERS. ]..Defendants.
Advocate Mr. Yashpal Jain for the plaintiff.
Advocate Mr. Gole for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 21st OCTOBER, 2021
ORDER
The Notice of Motion is taken out by the plaintiff for
restoration of the suit No.1193 of 2018 which came to be dismissed by
my learned Predecessor on 12.12.2019 for want of prosecution.
2. Notice of Motion came to be filed on 16.12.2019 i.e.
immediately after dismissal order passed.
3. It is the case of the plaintiff that the matter was posted for
filing of affidavit of examination in chief which the plaintiff could not
file for want of certain documents. The suit was proceeding exparte
against the defendant. Notice of this Notice of Motion was served upon
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the defendant on 05.01.2020. The defendant did not appear, even to
contest this Notice of Motion.
4. I have heard learned advocate for the plaintiff at length. I
have gone through the record and proceeding of Suit No.1193 of 2018.
It appears that the plaintiff though absent on the date of hearing,
was diligent to file Notice of Motion for restoration of the suit
immediately. The claim of the plaintiff is that as certain documents are
not available, he could not file examination in chief on the fixed date.
The suit was not contested by the defendant.
5. In the circumstances above, I have come to the conclusion
that it is necessary to give the plaintiff an opportunity to prove its case
by leading evidence. Hence, Notice of Motion deserves to be allowed.
Accordingly, I proceed to pass following order.
O R D E R
1. Notice of Motion No. 4939 of 2019 is allowed.
2. Suit No.1193 of 2018 is restored to its original
stage.
3. Notice of Motion No.4939 of 2019 stands disposed
of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 21.10.2021 Gr.Mumbai.
Dictated on: 21.10.2021
Typed on : 22.10.2021
Signed on : 25.10.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25.10.2021 AT 6.05 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
21/10/2021
Judgment/Order signed by P.O. on 25/10/2021
Judgment/Order uploaded on 25/10/2021
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