Order 6

Order Details: Notice of Motion
Pdf Text: NM No. 101377 / 2025 B.K. Infratech – Maharashtra Airport Order 1 of 4
City Civil and Sessions Court, Mazgaon Greater Mumbai
Court Room No. 31 – Commercial Court
MHCC010035842025
Notice of Motion Filed : 01.03.2025
Arguments Over : 10.03.2025
Decided on : 10.03.2025
Duration : 09 Days
Notice of Motion No. 101377 / 2025
from
Commercial Suit No. 100066 / 2020
Plaintiff : B. K. Infratech Private Limited
VERSUS
Defendant : Maharashtra Airport Development Company Limited
Appearances
Plaintiff
: Adv. Indrakumar Lahoti
Defendant
: Adv. Asmita Rajbhar
CORAM : H. H. JUDGE SHRI S. B. BHANSALI
COURT ROOM NO.31.
DATE : 10.03.2025
***************************************************************
ORDER
1) This Notice of Motion is taken out by the defendant for setting
aside an order Dt. 12.02.2025 and for permitting to lead their evidence.
2) The plaintiff by affidavit in reply resisted the said Notice of Motion
on the ground that this Court has granted fullest opportunity to the
defendant to lead their evidence.
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NM No. 101377 / 2025 B.K. Infratech – Maharashtra Airport Order 2 of 4
3) I have perused the record and heard the Ld. Advocates appearing
for the parties.
4) The bone of the contentions of the Learned Advocate for the
defendant is through inadvertence and due to his pre-occupation in
another judicial proceeding in another Court, the defendant’s evidence
could not be filed resultantly,
roznama order Dt.12.02.2025 came to
have been passed. According to the Learned Advocate, there was no
intention to delay the further proceeding of this matter. Hence, he seeks
setting aside aforesaid
roznama order.
5) As against this, the Learned Advocate for the plaintiff strenuously
argued that it is the defendant who is at fault in not leading evidence in
support of its defence and due to delay and latches on the part of delay,
the Court passed order to proceed with the Notice of Motion and with
no reply of the defendant. According to the learned Advocate, filing this
Notice of Motion is an abuse of process of law and hence, the Learned
Advocate seeks dismissal of the same with costs.
6) It is a matter of record that this Court had granted opportunity to
the defendant to lead their evidence. On given dates, the Court granted
them adjournments which they sought on one or the other reasons.
Lastly, on 12.02.2025, this Court rejected the application (Exh.96) filed
by the defendant for grant of further adjournment and closed the
evidence of the defendant.
7) It is evident that on 01.03.2025, the defendant tendered the draft
Notice of Motion along with affidavit in support. Previous
roznamas
speak for themselves that at least on 04 occasions, this Court had
granted adjournments to the defendant.
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NM No. 101377 / 2025 B.K. Infratech – Maharashtra Airport Order 3 of 4
8) This Court has decided Notice of Motion No.101376 / 2025, filed
by the defendant for leave to produce original documents on record,
referred and relied on, in the Written Statement paragraph No.4(h) to
4(s). On the last date i.e. on 12.02.2025, the defendant sought
adjournment for filing Notice of Motion for the production of
documents.
9) As stated supra, the Court has allowed the aforesaid Notice of
Motion and granted leave to the defendant to produce the original
documents on record, therefore, this Court finds it just and proper and
to meet the ends of justice to grant a final opportunity to the defendant
to lead their evidence in support of their defence. Hence, I proceed to
pass the following order:-
ORDER
1. The Notice of Motion No.101377 / 2025 is allowed and made
absolute in terms of prayer clause (a), subject to costs of
Rs.2,000/- payable to the plaintiff within 04 weeks from the date
of uploading of the order.
2. The defendant to file compliance by next date.
3. Order dictated and pronounced in Open Court.
4. Proceeding of Notice of Motion No. 101377 / 2025 is closed.
5. Record of Notice of Motion No. 101377 / 2025 shall be part of
Commercial Suit No. 100066 / 2020.
Mumbai
Dated : 10.03.2025
(S. B. Bhansali)
District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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NM No. 101377 / 2025 B.K. Infratech – Maharashtra Airport Order 4 of 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
13.03.2025 11.25 a.m. Sonali S. Sawant
Stenographer - Grade III
Name of the Judge HHJ Shri. S. B. Bhansali
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
10.03.2025
Judgment/order signed by P.O on 12.03.2025
Judgment/order uploaded on 13.03.2025
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