Paramjeet Kaur Baljitsing Duggal v. Amarjeetsingh R. Anand @ Bakshi And 6 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1914 OF 2015 CHAMBER SUMMONS NO.154 OF 2012 IN SUIT NO. 81 OF 2006 Paramjeet Kaur Baljitsing Duggal ...Plaintiff vs Amarjeetsingh R. Anand @ Bakshi & Ors.

...Defendants .....

Mr Karanvir Thorat i/b V.V.Thorat for the Plaintiff Mr Rajiv Singh a/w Dilip S Kulkarni i/b Chitnis & Co. for Defendant Nos.1,4,5,6 and 7.

.....

CORAM : S.C. GUPTE, J.

DECEMBER 21, 2015 P.C. :

This Notice of Motion is taken out for recall and setting aside of a dismissal order passed in Chamber Summons No. 154 of 2012. On 21 September 2015, a learned Single Judge of this Court dismissed the Chamber Summons for default on the ground that on two dates, i.e., on 21 September 2015 when the Chamber Summons was dismissed and earlier on 15 September 2015, nobody had appeared for the Applicant. The Applicant has in support of her Notice of Motion claimed that she and her Advocate were diligently checking the status of the Chamber Summons; that the Chamber Summons did not come to the stage of active hearing till it appeared on 15 September 2015, when it was kept for dismissal.

The Applicant has explained that on the date the Chamber Summons was dismissed, her Advocate was out of the country and Advocate's office could not contact the Applicant and as a result the matter came to be dismissed. Learned Counsel for Defendant Nos.1,4,5,6 and 7 has tendered an affidavit in reply to the Notice of Motion.

Motion, the Chamber Summons had appeared on a few dates in the year 2013 and 2014. Whilst it does appear that the matter was shown on board on two dates in the year 2013 and 2014, as a matter of fact, the matter did not reach hearing. There is, however, some explanation on record for the absence of the Applicant and her Advocate on the date when the order of dismissal was passed. In the premises, this Court is of the view that interests of justice would be adequately served if the order of dismissal is recalled and set aside subject to the Applicant paying costs quantified at Rs.25,000/-. Accordingly, the Notice of Motion is made absolute and the order of dismissal is set aside subject to payment of costs of Rs.25,000/- by the Plaintiff. Payment of costs to be condition precedent. Such costs be paid to the Advocates of Defendant Nos.1,4,5,6 and 7. ( S.C.GUPTE J. ) Pg 2 of 3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/ Order.

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