Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 2044 /2025
Abhay – PNB
Order
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MHCC010051692025
City Civil and Sessions Court, Mazgaon Greater Mumbai
Court Room No. 31 – Commercial Court
Notice of Motion No. 2044 / 2025
in
Commercial Suit No. 426 / 2020
Abhay Narendra Lodha … Applicant
IN THE MATTER BETWEEN
Abhay Narendra Lodha … Plaintiff
Vs.
Oriental Bank of Commerce & Anr. … Defendants
Appearances :
Plaintiff : Adv. Megha Gupta
: Adv. Pranjali Khemnar
Defendant No. 2 : Adv. Darshit Rupda
CORAM : H. H. JUDGE PRASAD P. KULKARNI
COURT ROOM NO.31.
DATE : 27.06.2025
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ORDER
1. Plaintiff has moved present Notice of Motion with a prayer to
set aside or recall order Dt. 25.03.2025 passed by this Court whereby
plaintiff was directed to pay cost of Rs. 25,000/- to District Legal
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Abhay – PNB
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Services Authority as plaintiff failed to offer evidence. Notice of Motion
is supported by an affidavit. Affidavit of service is also placed on record.
Defendant No. 2 filed reply. Defendant No. 1 has not filed reply on
Notice of Motion.
2. I have heard Learned Advocate for plaintiff Megha Gupta, who
submits that plaintiff had gone bankrupt and he was arrested in Special
Case No. 1706/23 on 30.08.2023. Hon’ble Bombay High Court as per
order Dt. 10.09.2024 in Bail Application No. 2838 / 2024 has released
the plaintiff on bail observing his critical illness. Medical condition of
plaintiff is the main reason, evidence could not be tendered within time.
So, order Dt. 25.03.2025 may be recalled or set aside. Advocate for
defendant No. 2 submits that considering facts and circumstances,
appropriate order may be passed.
3. Considering rival submissions, I have gone through Record
and Proceeding. From 15.10.2024, suit is posted for evidence. Plaintiff
has sought 3 oral adjournments i.e. on 05.12.2024, 31.01.2025 and
finally on 25.03.2025. On 25.03.2025, it is recorded in roznama that
plaintiff undertakes to file affidavit of evidence on next date and it
being a case of year 2020, last chance was granted, subject to cost of Rs.
25,000/-. Soon after this order, on 29.03.2025 present Notice of Motion
is moved.
4. Affidavit annexed with Notice of Motion is accompanied with
plethora of medical investigation reports which speaks in volume and
throws light on volatile medical condition of plaintiff. Medical condition
of plaintiff is also observed by Hon’ble Bombay High Court in para no. 9
of the above referred bail order. In such circumstances, there exists
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sufficient grounds to modify order Dt. 25.03.2025 instead of completely
waiving amount of cost. In the interest of justice, an opportunity
deserves to be given to the plaintiff to put forth his case by adducing
best available evidence in his custody.
5. Hence, I find substance in the submissions made by Advocate
for plaintiff. Therefore, amount of cost is modified as Rs.15,000/-
instead of Rs.25,000/-. Notice of Motion is thus partly allowed as
follows :-
ORDER
1. Notice of Motion No. 2044 of 2025 is partly allowed.
2. Order Dt. 25.03.2025 is modified only to the extent of cost.
3. Instead of Rs.25,000/-, cost is modified as Rs.15,000/- (Rs.
Fifteen Thousand).
4. Plaintiff shall deposit said cost to DLSA, Mumbai on or before
next date and shall tender affidavit of evidence on next date
without fail.
5. Payment of cost is condition precedent for tendering affidavit
of evidence.
6. Order is dictated and pronounced in Open Court.
7. The record of Notice of Motion shall be part and parcel of the
main Commercial Suit No. 426 / 2020.
Mumbai
Dated : 27.06.2025
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.31 - Commercial Court,
Mazgaon, Greater Mumbai
Dictated on : 27.06.2025
Transcribed on : 27.06.2025
Signed by HHJ on : 27.06.2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.06.2025 5.56 p.m. Prachi Y. Potdar
Stenographer - Grade I
Name of the Judge HHJ Shri. Prasad. P. Kulkarni
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
27.06.2025
Judgment/order signed by P.O on 27.06.2025
Judgment/order uploaded on 27.06.2025
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