Final Order 1

Order Details: Notice of Motion
Pdf Text: S.C.Suit No.4899/2010 1 N/M No.317/2020.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 317 OF 2020
(CNR No.MHCC01-000802-2020)
IN
S.C. SUIT NO. 4899 OF 2020
(CNR No.MHCC01-005774-2010)
Naglaxmi Mariappan Pillai ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 16/03/2021.
Mr. B.P. Shukla Advocate for Plaintiff.
Mrs. Hajare Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken this Notice of Motion for recalling of plaintiff’s
witness i.e. (PW-1) Mariapa Kaliappa Pillai.
2. Mr. B.P. Shukla Advocate for plaintiff has submitted that plaintiff
has filed his affidavit of evidence. Cross examination of plaintiff is yet
not started. After filing of evidence of affidavit plaintiff traced some
documents. Thus, plaintiff wants to file additional evidence of affidavit.
Hence, he prayed to allow the notice of motion.
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S.C.Suit No.4899/2010 2 N/M No.317/2020.
3. Mrs. Hajare Advocate for defendant/corporation has filed say and
resisted the application that the suit kept for cross examination of (PW-
1) Mariapa Kaliappa Pillai is not maintainable and prayed to reject the
same.
4. Perused the record. Plaintiff has filed his affidavit of evidence.
Admittedly, cross examination of plaintiff is not completed. Plaintiff
wants to file his additional evidence of affidavit. Therefore, in the
interest of justice and reasons mentioned in the affidavit, I find that
notice of motion deserves to be allowed. Hence following order.
ORDER
1. Notice of Motion No.317/2020 is made absolute in
terms of prayer clause (a).
2. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 16/03/2021. Mumbai.
1. Dictated on : 16/03/2021.
2. Transcribed on : 16/03/2021.
3. Signed on : 16/03/2021.
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S.C.Suit No.4899/2010 3 N/M No.317/2020.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/03/2020. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 16/03/2020
Judgment/Order signed by P.O. on 16/03/2020
Judgment/Order uploaded on 16/03/2020
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