This notice of motion sought recall of an order due to an advocate's absence caused by clerical error. The court recalled the impugned order, restored the suit, and conditioned restoration on the plaintiff paying aggregate costs totaling Rs. 9,000 to cover unsuccessful defendants.
Order dated 8.12.2014 recalled; suit restored to file.
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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37.nms.445.15.s.3116.10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 445 OF 2015
IN
SUIT NO. 3116 OF 2010
Urmi Deepak Kadia .. Plaintiff Vs. Atul Projects India Ltd. & Ors. .. Defendants
Mr.Jawahar Thakkar for plaintiff.
Mr.N.M. Shah for defendant no.1.
Mr.Vasim Shaikh a/w. Ms.Mansi Shah i/b M/s. Pravin Mehta & Mithi & Co. for defendant nos.2 to 6.
Ms.Anjali Trivedi i/b V. Thakur for defendant no.7, 8, 10 & 11.
CORAM : K.R.SHRIRAM, J. DATED : 9TH OCTOBER, 2015
P.C.
1 This notice of motion is taken out on behalf of the plaintiff for recalling the order dated 8.12.2014 and to restore the suit to file. In the affidavit in support and in the Exh.'C' annexed to the affidavit in support, it is stated that the reason why the advocate could not remain present when the
matter was called out is because the clerk did not inform the advocate on record. Mr.Thakker who is appearing for the plaintiff expressed his regrets
that there was a lapse on his part. In view thereof, order dated 8.12.2014 is
recalled and the suit is restored to file. The counsel for defendant no.1 and
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Shraddha Talekar PA
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37.nms.445.15.s.3116.10.doc
defendant nos.7, 8, 10 and 11 states that they have instructions to press for costs. Therefore, the plaintiff to pay a sum of Rs.3,000/- each to the advocate for defendant no.1 and advocate for defendant nos.2 to 6 and defendant nos.7, 8, 10 & 11, i.e., a total of Rs.9,000/-.
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
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37.nms.445.15.s.3116.10.doc
CERTIFICATE
Certified to be true and correct copy of the original signed
order/judgment.
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Shraddha Talekar PA
K.R.Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
