Full Order Text
Final Order 1 · 11 Jul 2023 · CNR MHCC010002572020
Order Details: Notice of Motion Pdf Text: ..1.. NM No.91/2020 MHCC010002572020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.91 OF 2020 IN S. C. SUIT NO.8105 OF 1994 (CNR NO.MHCC01-011109-2012) ACHAMMA CHANDY AND OTHERS. )...PLAINTIFFS VERSUS CITIBANK AND OTHERS )...DEFENDANTS Appearances :- Learned Adv. Sadashiv Kanavde for plaintiffs. Learned Adv. Rupesh Sohoni for defendant No.1. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.15 DATE : 11/07/2023. ORDER 1 This notice of motion is taken out by defendant No.1 for setting aside no cross order passed on 08/11/2019, contending that on the day when the matter was fixed for further cross-examination, the advocate for defendant No.1 was not feeling well. He asked his colleague to attend the Court and request for adjournment, but Court -- 1 of 4 -- ..2.. NM No.91/2020 passed no cross order. Hence, prayed for grant of notice of motion, allowing the defendant No.1 to conduct further cross-examination and to set aside the order dated 08/11/2019. 2 The plaintiff has not raised any objection on merit, but, he prayed for grant of costs. 3 Heard rival parties at length. 4 Perused the record, it reveals from the record that on 17/10/2019, the documents were exhibited and on the same day, the advocate for defendant No.1 conducted the part cross-examination. Thereafter, matter was fixed for further cross-examination on 08/11/2019. On the fixed date i.e. on 08/11/2019, the learned advocate for defendant No.1, remain absent. It is submitted by the learned advocate Mr. Marathe that Mr. Rupesh Sohoni, learned advocate on record was not feeling well and was suffering from viral flu and body pain. It is being submission on behalf of the advocate, it should be accepted as true and correct. The conduct of the learned advocate for defendant No.1 for conducting the cross-examination of plaintiff witness on earlier date shows that he is positive for conducting the cross-examination. It is not the case for grant of costs to the plaintiff. Hence, I proceed to pass following order :- ORDER 1. Notice of Motion No.91/2020 in S. C. Suit No.8105/1994, is hereby allowed. -- 2 of 4 -- ..3.. NM No.91/2020 2. Order dated 08/11/2019, stands set aside. 3. Defendant No.1 is permitted to conduct further cross- examination. 4. Notice of Motion is disposed of accordingly. (Order dictated and pronounced in open Court) (Shaikh Akbar Shaikh Jafar) Judge, City Civil Court, Greater Bombay Dated : 11/07/2023 C.R. No.15 Dictated on : 11/07/2023 Transcribed on : 12/07/2023 Signed on : 13/07/2023 -- 3 of 4 -- ..4.. NM No.91/2020 “Certified to be true and correct copy of the original signed order”. 13/07/2023 at about 05.27 p.m. (Ms. Sonali S. Sawant) Stenographer (Grade-III) Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar, Judge, City Civil Court & Addl. Sessions Judge Court Room No.15, Gr. Mumbai Date of pronouncement of Order : 11/07/2023 Order signed by Hon'ble Judge on : 13/07/2023 Order uploaded on : 13/07/2023 at about 05.27 p.m. -- 4 of 4 --