Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 285/19 IN SU 4325/06
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.285 OF 2019
IN
L.C.SUIT NO.4325 OF 2006
Mr.Sanjay Munshi ... Plaintiff
Versus
M.C.G.M & Anr. ... Defendants
Coram : H.H.Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 22nd March, 2019.
Mrs.Priti Shah, advocate for plaintiff.
Smt.Patil, advocate for defendant/BMC.
O R D E R
1. The order of no cross was passed against the defendant
No.2 as the defendant no.2 failed to take crossexamination of the
witness of defendant No.1 Corporation. It is submitted that the
defendant no.2 has health issues and he is 80 years old. It is also
submitted that his advocate was held up in other Court. The
defendant no.2 seeks to set aside the order of no cross passed by
against to examine witness for the defendant Corporation.
2. The plaintiff have objected the application pointing out
that the reasons mentioned in the application are not just and proper.
The application prayed to reject the motion.
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2 NM 285/19 IN SU 4325/06
3. The defendant No.1 had left to the Court to pass
appropriate order.
4. Considering the fact that the defendant no.2 is 80 years
old and he is not keeping well and so also the advocate could not
make to this Court as was held up in other matter and the order of no
cross deserves to be set aside. No prejudice would be caused to the
plaintiff the defendant corporation. In the interest of justice the
following order is passed :
ORDER
1. Notice of Motion No.285/2019 is allowed.
2. The order of no cross is set aside subject to payment of cost of
Rs.1,000/ to the district Legal Services Authority, Mumbai.
(Sanjay N. Yadav)
Judge,
City Civil Court, Mumbai.
Dictated on : 22.03.2019
Transcribed on : 22.03.2019
Signed by HHJ on : 22.03.2019
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3 NM 285/19 IN SU 4325/06
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.03.2019 At 12.30 p.m.
NAME OF CLERKTYPIST : Mrs. P. L. Parab
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. No.05
Date of Pronouncement of
JUDGMENT/ORDER
22.03.2019
JUDGMENT/ORDER signed by
P.O. on
22.03.2019
JUDGMENT/ORDER uploaded
on
25.03.2019
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