Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.270 OF 2019
IN
S.C. SUIT NO.4448 OF 2009
(HIGH COURT SUIT NO.2726 OF 2009)
P9 Integrated, a Company ] … Plaintiffs
V/s.
1. Mr. Himesh Reshammiya, Director ]
of Himesh Reshammiya Movie Culture & Ors. ] ... Defendants
Appearances :
Ms. Sangita Nagpal, Ld. Adv. for plaintiff.
Mr. Shah, Ld. Adv. for defendants.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 28th November, 2019
ORAL ORDER
1. Defendants have taken out this Notice of Motion for setting
aside the order dated 15.10.2018 discharging PW1 without his cross
examination and closing the right of defendant to crossexamine PW1.
2. Perused Notice of Motion, affidavit in support of Notice of
Motion and reply of plaintiff.
MHCC01-000698-2019
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3. Following points arise for my determination. I record my
findings thereon for the reasons mentioned below:
Sr. No. POINTS FINDINGS
1. Whether order dated 15.10.2018
discharging PW1 without his cross
examination and closing the right of
defendant to crossexamine PW1 can be
set aside?
In the affirmative.
2. What Order ? As per final order.
REASONS
As to point Nos.1 & 2.
4. Heard both Learned advocates.
5. It is the contention of the defendant that Advocate of
defendants could not remain present on 15.10.2018 as he was unwell.
Consequently said order is passed. Therefore, the said order be set
aside.
6. In brief, it is contention of the plaintiff that defendants are
prolonging the matter. They are waisting valuable time of the Court.
Hence, Notice of Motion be dismissed.
7. Perused Roznama dated 15.10.2018 on that day none was
present for the defendant. Therefore, said order was passed.
Considering the reason mentioned in the Notice of Motion for non
appearance of the Advocate on 15.10.2018 and considering the nature
of the suit, I am of the opinion that the said order can be set aside to
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decide the suit on merit by giving an opportunity to defendants to cross
examine PW 1. Hence, I record my findings on point No.1 in the
affirmative and point No.2 the Notice of Motion is allowed as per final
order. Hence following order:
ORDER
Notice of Motion No.270 of 2019 is hereby made absolute as
under:
1. Order dated 15.10.2018 discharging PW1 without his cross
examination and closing the right of defendant to cross examine him is
set aside.
2. Cost in cause.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 28/11/2019 City Civil Court, Gr. MUMBAI
Dictated on : 28/11/2019.
Transcribed on : 30/11/2019.
The H.H.J. is on
training at MJA from
01.12.2019 to 14.12.2019.
Checked on : 18/12/2019
Signed on : 18/12/2019.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.12.19 at 12.20 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 28.11.19
Judgment/order signed by P.O. on 18.12.19
Judgment/order uploaded on 20.12.19
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