Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 223/2018 SUIT NO.1896/2017 1
CNR NO.MHCC010009222018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.223 OF 2018
IN
S.C.SUIT NO.1896 OF 2017
Union Bank of India, .. .. Plaintiff
Versus
Tajuddin Mohammed Saith & Ors. ...Defendants
Smt.Smita Radhika advocate for the Plaintiff.
Shri.Ramugade advocate for Defendant No.1
Shri.Khatri advocate for Defendant No.2 & 3.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
CR No. : 32
Dated : 14th September 2018
ORDER
1. Defendant No.2 & 3 taken out this motion with a prayer
(a) plaintiff bank be directed to deposit the amount of Rs.10,50,000/
with accrued interest thereon in the court.
(b) Plaintiff bank be directed to deposit all the original documents fixed
deposit receipt together with all correspondence referred in the plaint
which is lying in the custody of the plaintiff.
2. Plaintiff bank has filed reply. Plaintiff bank has no objection if the
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NM 223/2018 SUIT NO.1896/2017 2
notice of motion is allowed. However, plaintiff bank be discharged from
all the proceeding of this suit and any liability to either of the
defendants in relation thereto after deducting charges and payment of
costs of this suit.
3. Heard learned advocates Smt.Smita Radhika advocate for the
Plaintiff. Shri.Ramugade advocate for defendant No.1,Shri.Khatri
advocate for Defendant No.2 & 3.
4. Learned advocate Shri.Khatri for defendant Nos. 2 and 3
submitted that fixed deposit receipt No.303124005 of Rs. 10,50,000/ is
with the plaintiff bank. There is a dispute interse between defendant
No.1 and 2 and 3. If the amount deposited in the plaintiff bank and
original documents as asked for in the motion is directed to deposit
with the Registrar of this court, then no prejudice will be caused to the
plaintiff bank. Moreover, plaintiff bank has no objection to allow prayer
of defendant No.2 and 3 in the motion.
5. Considering this aspect, I proceed to pass following order.
ORDER
Notice of motion No.223/2018 is made absolute
in terms of prayer clause.
Date : 14/09/2018
( Pushpa N. Rao)
Ad hoc Judge
Bombay City Civil Court
Greater Mumbai
Direct typed on computer: 14/09/2018
Signed by HHJ on :14/09/2018
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NM 223/2018 SUIT NO.1896/2017 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/09/2018 at (12.25 p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
14/09/2018
JUDGMENT/ORDER signed by
P.O.on
14/09/2018
JUDGMENT/ ORDER uploaded on 15/09/2018
.
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