Order 1

Order Details: Notice of Motion
Pdf Text: 1 O in NM 76119 in SCSU 39719
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER IN APPLICATION FILED BY DEFENDANT Nos.1 TO 4
IN
NOTICE OF MOTION NO.761 OF 2019
IN
S.C. SUIT NO.397 OF 2019.
(CNR No.MHCC010005222019)
Mr. Nisar Ahmed Mohammed Shaikh }...PLAINTIFF.
Versus
The Mumbai Housing & Area }
Development Authority(MHADA) & Ors. }...DEFENDANTS.
Smt.Sarita Donde, learned advocate for the plaintiff.
Smt.V.S.Prabhu, learned advocate for defendant/MHADA.
CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 08/03/2019)
1. Read the application filed vide which, learned advocate for
defendant Nos.1 to 4 has prayed to allow these defendants to file
affidavit of defendant No.2 to the extent of dealing with the copies of
electricity bills produced with the plaint by the plaintiff. Read the say
filed by learned advocate for the plaintiff. Heard learned advocates for
both the parties. Perused the entire record.
2. Admittedly, after the Notice of Motion No.761/2019 was
kept for final order after hearing the learned advocates for both the
parties, this application is filed by learned advocate for defendant Nos.1
to 4 on previous date seeking permission to place reliance on one Case
Law and hence, by accepting her prayer, the matter was ordered to be
kept today for further arguments on law points in Notice of Motion
No.761 of 2019. Apparently, there is substance in the argument of
learned advocate for the plaintiff that this is not a stage for filing any
affidavit by the defendants however, it is submitted at the bar by
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learned advocate for defendant Nos.1 to 4 that permission is claimed to
explain the genuineness of the electricity bills only produced at Exh.H
(colly.) with the plaint hence, I am inclined to grant permission to file
said affidavit but with liberty to the plaintiff to file rejoinder, if any or
further documents if any, in connection with the said affidavit of
defendant No.2. Granting of permission as above with liberty to the
plaintiff to file rejoinder or documents will not cause any prejudice to
the plaintiff. On the other hand, it may be helpful for this court to
properly adjudicate the controversy involved in Notice of Motion
No.761 of 2019. Hence, an order.
O R D E R
Application is allowed.
Defendants are permitted to file affidavit of defendant No.2
which is annexed with this application with liberty to the plaintiff
to file rejoinder to the said affidavit or documents.
Earlier order to continue till next date.
Date: 08/03/2019. (P.P.RAJVAIDYA)
Dictated on : 08/03/2019. Judge, C.R.No.12,
Transcribed on : 11/03/2019. City Civil Court,
Checked on: : 11/03/2019. Gr. Bombay.
Signed on : 11/03/2019.
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3 O in NM 76119 in SCSU 39719
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11/03/2019 at 11.30 a.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 08/03/2019
Order signed by P.O. on 11/03/2019
Order uploaded on 11/03/2019
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