Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.141 of 2018
CNR No.MHCC010004602018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.141 OF 2018
IN
S.C. SUIT NO.1376 OF 2011
Mr. Nitin Yeshwant Jagtap .. Plaintiff
Versus
Mr. Jaywant Pandurang Mane and Anr. .. Defendants
Ld. Advocate Anita Patil for plaintiff.
Ld. Advocate Ms. Rokde for defendant no. 2.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 26.07.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 2 for
quash and setaside order dated 24.11.2017, whereby the evidence of
the defendant was closed.
2. Counsel for the defendant submitted that evidence of plaintiff
was closed. They had filed their evidence on record. Documents were
exhibited. Thereafter on 3 consecutive dates presiding officer was on
leave. Then plaintiff went abroad as per the roznama dated 06.10.2017.
Thereafter, subsequent dates defendant was absent and their evidence
was closed.
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3. Heard respective parties. Perused the material on record.
4. After filing of evidence presiding officer was on leave for 3
consecutive dates. Considering the circumstances one last opportunity is
granted to defendant lead their evidence. In the interest of justice, I
accordingly, pass the following order.
: ORDER :
1. Notice of Motion No.141 of 2018 is made absolute in terms
of prayer clause (a) and (b) subject to cost of Rs. 5,000/.
2. Defendant is directed to remain present for his cross
examination on 27.08.2018 at 2.45 p.m.
3. If the defendant fails to remain present the matter shall be
disposed off as per law.
4. Cost be paid on or before the next date.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 26.07.2018 Gr. Mumbai
Dictated on : 26.07.2018
Transcribed on : 26.07.2018
Signed on : 26.07.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 30.07.2018 at 2.55 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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: 3 : Notice of Motion No.141 of 2018
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
26.07.2018
JUDGMENT/ORDER signed by P.O. on 26.07.2018
JUDGMENT/ORDER uploaded on 30.07.2018
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