Disposed

Laxmi Alias Lipi Wife of Mukul Gupta v. Munish Son of Bachchalal Gupta and 6 Ors.

Bombay HC5 Oct 2009NMS/3125/2009

Case brief

AI extract

What is this about?

The High Court of Bombay, in an original civil jurisdiction matter, considered a motion to restore a previously dismissed Notice of Motion. The court condoned an eight-day delay by the plaintiff based on a plausible explanation provided in an affidavit, recalling the dismissal order and restoring the motion to the file.

What did the court decide?

The order dated 20th July, 2009 is recalled and Notice of Motion No.571/2009 is restored to the file. The main motion is heard on November 20th, 2009.

Laxmi Alias Lipi Wife of Mukul Gupta Vs Munish… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 3125 OF 2009

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IN

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NOTICE OF MOTION NO. 571 OF 2009
IN

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SUIT NO. 2963 OF 2008

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Laxmi alias Lipi wife of
Mukul Gupta

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...Plaintiff

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vs.

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Munish son of Bachchalal Gupta & Ors. ...Defendants

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Mr.A.V. Chatuphale for the Plaintiff.

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Mr.Prashant More i/b. Mr.S.R. Mishra for Defendant
Nos.1, 2 and 5.

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Mr.Javed Hussein with Mr.A.R. Shaikh for Defendant
No.8.

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 CORAM : V.M. KANADE, J.

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DATED : OCTOBER 5, 2009

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P.C. :-

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1Heard Counsel for the plaintiff/applicant

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and Counsel for the defendants.

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2The plaintiff has taken out this Motion for
restoration of Notice of Motion NO.571/2009 in Suit

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No.2963/2008 which was dismissed for want of

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prosecution by order dated 20th July, 2009. In the

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affidavit in support, it is stated that the

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plaintiff�s Advocate was in personal difficulty on
one date and as a result, time was taken on his
behalf by another Advocate. It is further submitted
that the plaintiff had gone to her native place on

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the other date on illness of her mother and
therefore, the plaintiff could not remain present.

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3An affidavit in reply has been filed by

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defendant no.8 vehemently opposing the submissions

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made by the Counsel for the plaintiff. It is

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submitted that sufficient explanation has not been

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given for the condonation of eight days delay in
filing the Motion. It is further submitted that
vague averments have been made in paragraph 5 of the

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affidavit in support. It is further submitted that
there was nothing on record to show the cause for

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non-appearance on 20th July 2009 as also on the
previous occasions. It is submitted that therefore,

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the said Notice of Motion was liable to be

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dismissed.

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4In my view, the delay eight days in filing
Notice of Motion is liable to be condoned since the
explanation given by the plaintiff in the affidavit
in support is a plausible explanation. Taking into
consideration the explanation given by the plaintiff
in paragraphs 3 and 4 of the affidavit in support,

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in my view, the plaintiff has made out a case for
restoration of the notice of motion. The order dated
20th July, 2009, therefore, is recalled. Notice of

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Motion No.571/2009 is restored to the file. This

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Motion, accordingly, is disposed of.

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5 Place the main Motion for hearing on 20th

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November, 2009.

Laxmi Alias Lipi Wife of Mukul Gupta v. Munish Son of Bachchalal Gupta and 6 Ors.

Case brief

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What did the court decide?

Laxmi Alias Lipi Wife of Mukul Gupta v. Munish Son of Bachchalal Gupta and 6 Ors.

Case brief

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What did the court decide?

What the court decided

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