This court granted a notice of motion sought for condonation of delay to restore a summary suit dismissed previously. The court examined affidavits to confirm no contradiction existed and ordered restitution pending cost payment.
Delay condoned; suit restored to file; directive to pay costs to Maharashtra Legal Aid Services Authority.
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.
YBG
1
nms485-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION
NOTICE OF MOTION NO.485 OF 2015 IN
SUMMARY SUIT NO.6969 OF 1999
| Haria Exports Ltd. | .. | Applicant/ plaintiffs |
|---|---|---|
| In the matter between: | ||
| Haria Exports Ltd. -Versus- |
.. | Plaintiffs |
| Bank of Tokyo Mitsubishi Ltd. & Ors. | .. | Defendants |
Mr.Jitendra Saraf i/b. Avinash Kango for plaintiffs Mr.Roop M. Vasudeo for defendants.
| CORAM | : | K.R.SH | RIRAM, J. |
|---|---|---|---|
| DATE | : | 8thJuly | 2015. |
P.C.
1] This notice of motion is taken out for condonation of
delay in filing the notice of motion and thereafter to have the suit restored which was dismissed by an order dated 23rd June 2015.
heard the counsel appearing for the plaintiffs and defendants.
YBG
2
nms485-15.doc
emphasised during the arguments by the learned Counsel for defendants, it is stated that whatever is stated in the affidavit in support is contrary to the affidavit dated 19th March 2015 filed by the learned Advocate explaining why he was not present on the date when the suit came to be dismissed, I find no contradiction. In fact what is stated in para 7 of the affidavit in support tallies with what is stated in paragraphs 8 and 9 of the affidavit filed by the Advocate for the plaintiffs.
4] In these circumstances, the delay is condoned and the suit is restored to file. Plaintiffs to pay cost of Rs.5000/- to be paid to Maharashtra Legal Aid Services Authority within two weeks from today. Payment of Cost condition precedent.
5] Suit be listed on 29th Juyl6y 2015 for framing of issues. In the mean while, parties to file their respective affidavit of documents and also complete discovery and inspection.
( K.R.SHRIRAM, J.)
1 issue framed by the court
Whether the delay in filing the notice of motion to restore a dismissed suit should be condoned.
Haria Exports Ltd.
Bank of Tokyo Mitsubishi Ltd.
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
