Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM NO. 241/21 IN SU. No.1628/09
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO. 241 OF 2021
(CNR NO. MHCC01-000739-2021)
IN
SUIT NO. 1628 OF 2009
Bhaichand Amoluk & Co. ]...Plaintiff
Versus
MCGM & Another ]..Defendant/s
Appearance:
Advocate Minal Dedhia for Plaintiff.
Advocate Nandanwar for defendant (MCGM).
Advocate Verma for defendant No.2.
CORAM : S.C. Pathare, Judge
(Court Room No.5)
DATED : 08/02/2021.
ORAL ORDER
1) Plaintiff has taken out this notice of motion against the
defendant/s for the purpose of calling back evidence closing
pursis/order.
2) Defendant No.1 & 2 submitted reply & opposed the
application strongly.
3) I have heard arguments advanced by both the Ld
Counsels. I have perused Notice of Motion, suit, reply & other
documents placed on the record.
4) Perusal of roznama & record it shows that evidence of
PW1 was completed on 27/9.2019. Thereafter, on 23/10/2019
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evidence of plaintiff was closed vide pursis Exh.49. Thereafter, matter
was pending for final arguments & belatedly plaintiff filed this notice
of motion.
5) Admittedly, this notice of motion is filed after delay.
However, for the said reason plaintiff cannot be deprived of aducing
evidence in support of the suit. The dominant purpose of allowing
such relief is to minimize litigations between the parties & to decide
controversy finally on merits.
6) Considering peculiar facts and circumstances etc, I
proceed to pass the following order in the interest of justice:
ORDER
1) Notice of Motion No. 241/21 stands
allowed subject to cost Rs. 1,500/- to
defendant No.2 & Rs.500/- to legal aid
account for causing said delay.
2) Plaintiff shall avoid delay in the suit & co-
operate for speedy disposal of the same.
3) The said Notice of Motion stands disposed
off.
Date:08/02/2021 (S.C. Pathare)
Ad-hoc Judge
City Civil Court
Dictated & directly typed on dais computer : 08/02/2021.
Checked by PO : 08/02/2021.
Signed by HHJ on : 08/02/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/02/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
08/02/2021.
JUDGMENT/ORDER signed by P.O.
on
08/02/2021.
JUDGMENT/ORDER uploaded on 09/02/2021.
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