Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No.119/18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 119 OF 2018
IN
SUMMARY SUIT NO. 8337 OF 2000
(High Court Suit No.2128 of 2000)
(CNR NO.MHCC010003882018)
Balan Electricals Limited, .....Plaintiff
V/s.
Hagel Capsul Industries Limited. ....Defendant
CORAM : HIS HONOUR JUDGE
SHRI. N.V.JIWANE
(C. R. No.: 28)
DATED : 12th January, 2018,
Advocate Mr. Anil R. Mishra for plaintiff.
Advocate Mr. Khale for defendant.
ORAL ORDER
1. Plaintiff has brought this Notice of Motion for setting
aside no cross order dated 19/12/2017.
2. It is contended by the plaintiff that on 19/12/17
Learned Advocate for plaintiff was held up before Hon'ble High Court
and could not attend the Court for cross examining the defendant. It is
further contended by the plaintiff that the plaintiff is having good case
on merit and fighting out litigation since year 2000. Therefore, plaintiff
prayed to setting aside no cross order and opportunity be given to the
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plaintiff to cross examine the defendant.
3. Defendant has strongly opposed the Notice of Motion
and contended that the reasons mentioned in the Notice of Motion is
baseless. On 19/12/17 no adjournment application was filed by the
plaintiff and hence, prayed to dismiss the Notice of Motion.
4. Heard learned Advocate for both the parties. It is matter
on record that on 19/12/17 the matter was posted for cross
examination of defendant. Earlier Roznama dated 21/11/17 shown that
direction was given to the defendant to supply the copy of examination
inchief in advanced to the plaintiff and plaintiff was directed to cross
examine the defendant on 19/12/17. The reasons putforth by the
plaintiff that his Advocate was busy in another Court is not a legal
reasons for not appearing for cross examination. Further no
adjournment was sought on 19/12/17 by the plaintiff.
5. It is pertinent to note here that the plaintiff is contesting
the suit since more then 17 years and shown his willingness to cross
examine the defendant. In these circumstances, I am of the considered
opinion that the defendant can be compensated for his inconvenience
by imposing cost on the defendant. Therefore, in the interest of justice
and to decide the matter on merit I pass the following order.
O R D E R
1. Notice of Motion no.119/2018 is allowed.
2. Plaintiff is directed to pay the cost of Rs.2000/ to the defendant
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on or before next date.
3. Plaintiff is directed to cross examine the defendant on next date
without fail.
4. No adjournment application will be entertain on any count by
both the parties.
5. Notice of Motion no.119/18 is disposed of accordingly.
(N.V.Jiwane)
Judge,
Date : 12/01/2018 City Civil Court, Gr. Bombay
Dictated on : 12/01/2018
Transcribed on : 12/01/2018
Signed on : 15/01/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
16.01.18 03.30 p.m. Sujata S. Sawant
Name of the Judge HHJ Shri N.V.Jiwane(CR No.28)
Date of Pronouncement of
Judgement/Order.
12.01.18
Judgement/order signed by P.O on 15.01.18
Judgement/order uploaded on 16.01.18
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