Court restored a suit previously dismissed due to absence of counsel caused by oversight, recalling the order of dismissal in interests of justice.
Order dated 17.11.2014 recalled; suit restored to file. Costs to be costs in the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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906.nms.1582.14.s.1939.10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTIONNO. 1582 OF 2014
IN
SUIT NO. 1939 OF 2010
Hanifa Ali Mohd. Nanjiani
.. Plaintiff
Vs.
Albert Sequeira & Ors.
.. Defendants
Ms.Bhgyalaxmi Racha a/w. Mr.J.P. Singh for plaintiff.
Mr.P.V. Bhagat for defendant no.1.
Mr.Dharmesh Pandya i/b Ashwin Pandya & Associates for defendant no.3.
CORAM : K.R.SHRIRAM, J. DATED : 17TH OCTOBER, 2015
P.C.
1 This notice of motion is for restoration of the suit that came to be dismissed on 17.11.2014. The reason for absence on 14.11.2014 and 17.11.2014 is that the earlier advocate due to oversight did not attend the matter. The counsel appearing for the defendants states that this explanation is not enough and the entire blame had been sifted to the earlier advocate.
2 It is true that the reason given in the affidavit is that the earlier advocate did not remain present. Almost all the times parties rely on the advocates to keep track of the matter and to remain present and take care of their interest in the Court. In this case, the earlier advocate did not remain
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Shraddha Talekar PA
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906.nms.1582.14.s.1939.10.doc
present. The plaintiff soon thereafter came to know on 24.11.2014, when the plaintiff checked the website that the suit has been dismissed on 24.11.2014. From the records and proceedings, it appears that the matter was last on board sometime in February 2014. Therefore, in my view, it is is fit case in the interest of justice to recall the order dated 17.11.2014 and restore the suit to file. The order of 17.11.2014 is hereby recalled and the suit is restored to file. Costs to be costs in the suit.
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
Hanifa Ali Mohd. Nanjiani
Albert Sequeira & Ors.
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
