Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.49842019 ORDER 1
MHCC010129412019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4984 OF 2019
IN
SUMMARY SUIT NO.5384 OF 2007
(HIGH COURT SUIT NO.2057 OF 2007)
Indian Oil Corporation Ltd. and Anr. … Plaintiff
Vs.
Premier Transport Co. Ltd. … Defendants
Appearances:
Ld.Adv.Ms.Kalpana R.Trivedi for plaintiff.
None for Defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 27th November 2021
ORDER
1. This Notice of Motion is filed by plaintiff with request that the
original suit be restored in the interest of justice. It is the submission of
plaintiff that the suit has been filed by plaintiff for recovery of amount
of Rs.16,57,651/. The plaintiff is claiming amount because the plaintiff
has caused loss due to negligence of defendant. The suit was kept for
recording of evidence on 9/4/2019. On 13/8/2019 court was vacant
therefore, it was adjourned on 20/10/2019. On that day due to election
public holiday was declared and matter was adjourned on 25/11/2019
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NM No.49842019 ORDER 2
and on 3/12/2019. On 3/12/2019 advocate of plaintiff sought oral
adjournment and suit was posted for evidence but on 9/12/2019 the
suit is dismissed for nonprosecution.
2. Inspite of service of Notice of Motion defendant has not filed
reply. Heard learned advocate of plaintiff. She submitted that the
plaintiff was not at fault to proceed with the suit, she has given account
of given dates in the Roznama but all of sudden on 9/12/2019 the suit
is dismissed. Actually, the plaintiff was taking follow up of the suit and
till now she is ready to take follow up. The suit for recovery of amount.
The plaintiff has sustained loss because of negligence of defendant.
Therefore, it is necessary for her to proceed with the suit. Considering
the submission of plaintiff about noting in the Roznama and the nature
of the suit one opportunity needs to be granted to the plaintiff to
proceed with the suit only in the interest of justice. The plaintiff is
directed not to sought further adjournment without sufficient cause.
Consequently, Notice of Motion is made absolute and following order is
passed:
ORDER
1. Notice of Motion No.4384 of 2019 is made absolute.
2. Suit is restored to its original stage.
3. Notice of Motion No.4384 of 2019 stands disposed
of accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 27/11/2021 City Civil Court, Gr. Bombay
Dictated on : 27/11/2021,
Transcribed on : 29/11/2021,
HHJ signed on : 30/11/2021
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NM No.49842019 ORDER 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
30/11/2021 4.30p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
27/11/2021
JUDGEMENT /ORDER signed by P.O. on 30/11/2021
JUDGEMENT /ORDER uploaded on 30/11/2021
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