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HIGH COURT OF BOMBAY
S. M. MODAK, J
Tarun Keshrichand Shah – Appellant
Versus
M/s. Kishore Engineering Co. – Respondent
| Table of Content |
|---|
| 1. writ petitions challenge orders for impleadment and ex-parte proceedings. (Para 1 , 2 , 3 , 4) |
| 2. plaintiffs seek recovery of service charges from non-appearing defendant. (Para 9 , 10 , 11) |
| 3. court emphasizes limits of jurisdiction in civil suit context. (Para 18 , 26) |
| 4. determined applicant's absence as non-prejudicial to case outcome. (Para 27 , 42) |
JUDGMENT:-
. By these two writ petitions, the Original Plaintiffs are challenging the Orders passed by the City Civil Court in Suit No. 6117 of 2007 dated 05/10/2018. Those two Orders were passed on two Notice of Motions. They were filed by the Applicant/present Respondent No. 2 whereas present Respondent No. 1 is the sole defendant. Parties are referred to by their original status as per the Suit.
2. The details of those motions are as follows:-
(A) Notice of Motion No. 1346 of 2018 For issuing direction to add applicant as party defendant.
(B) Notice of Motion No. 1925 of 2017 Filed to set aside the Order closed evidence and defendant ex-parte.
3. By the two impugned Orders, the City Civil Court (hereinafter referred to as “Trial Court”) was pleased to allow both these two Notice of Motions. The issue involved in these
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