Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4947 OF 2019
IN
S.C.SUIT NO.1691 OF 2012
Sudhakar Vasu Shetty. ... Plaintiff
V/s
Ravi Rajan @ R.R.Pandian & Ors. ... Defendants
APPEARANCE:
Advocate Hitendra Gandhi for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 22nd January, 2020
ORDER
Perused Notice of Motion @ Affidavit in Support of Notice of
Motion.
Heard Ld counsel for plaintiff Hitendra Gandhi.
It is submitted by the plaintiff that he has filed suit against
defendant for declaration, possession and injunction. It is further
submitted by the plaintiff that suit is in progress. However, he remained
absent because of his illness and failed to file evidence in support of his
claim and therefore, suit was dismissed in default by passing order on
dated 20.11.2019. It is further submitted by the plaintiff that due to
difficulty in his job, he could not track the progress of suit. It is also
pointed out by plaintiff that advocate called him in the court. However,
he failed to appear before the court since he was in City of Pune on his
-- 1 of 3 --
2
personal work and therefore, he could not attend the court and due
proper inspection to prepare affidavit in examination in chief. It is
further submitted that his advocate informed him in earlier dates also
however, documents not available with him and therefore, he could not
attend the office of his advocate. Lastly, it is submitted that he have
good case on merit. He failed to file affidavit and order had been passed
against him it is prayed that the order dated 20/11/2019 may kindly be
set aside and suit may kindly be restored.
After filing of Notice of Motion, notice was sent to the defendant
by RPAD. However, defendant remained absent and Notice of Motion is
proceeded without reply of defendant.
After gone through the submission of counsel for plaintiff it
reveals that plaintiff has taken out Notice of Motion on the ground that
the plaintiff witness is absent due to his illness. However, no medical
certificate filed by plaintiff in support of. Furthermore, the plaintiff has
raised the ground that due to difficulty about his job and because of
that he could not track the progress of suit. The ground raised by the
plaintiff is not satisfactory. Thirdly, it is pointed out by plaintiff that he
was busy in his personal work in City at Pune and because of that he
could not file evidence on record. Plaintiff himself admitted in the
Notice of Motion that several time his advocate informed him about the
progress and track of the suit but he failed to attend the office of
advocate to proper action. In the Notice of Motion itself shows that
plaintiff is not diligent with his suit and inspite of instruction of his
advocate, he remained absent in the court and also failed to file
evidence on record. Under such circumstances, after perusal of record I
come to conclusion that sufficient opportunity already granted to the
-- 2 of 3 --
3
plaintiff. However, plaintiff failed to file evidence on record within a
time and the ground raised by the plaintiff in the Notice of Motion for
non filing of evidence in the court was appeared to be non satisfactory.
Considering the above said reason, I came to conclusion that the Notice
of Motion does not have any merit and hence I proceed to pass
following order.
ORDER
Notice of Motion No.4947/2019 is dismissed with costs.
Date:22/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 22/01/2020
Typed on :22/01/2020
H.H.J.Signed on :22/01/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22/01/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
22/01/2020
JUDGMENT/ORDER signed by P.O. on 22/01/2020
JUDGMENT/ORDER uploaded on 22/01/2020
-- 3 of 3 --