Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.397 OF 2019
IN
NOTICE OF MOTION NO.3891 OF 2017
IN
SHORT CAUSE SUIT NO.2424 OF 2016
Kamini Krafts … Plaintiff
V/s.
M/s. Zeus Air Services Pvt. Ltd. … Defendant
Appearances:
Ld. Adv. Priscilla Sameo for plaintiff.
Ld. Adv. Swati Sawant for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 24th JULY, 2019
ORDER
Defendant has taken out this notice of motion for removing
the notice of motion no.3891/17 from dismissal caption.
2. It is argued that defendant has taken out notice of motion
no.3891/2017 for framing preliminary issue about tenability of the suit
on the point of limitation. On few dates Ld. Counsel for defendant was
absent for argument. Therefore, the Court has fixed notice of motion
no.3891/2017 for dismissal. Defendant have every hope of success in
their contention. Therefore, said notice of motion be taken out from
dismissal caption and opportunity be given to defendant to argue said
MHCC01-001038-2019
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notice of motion.
3. Ld. Counsel for plaintiff has resisted this notice of motion
on the ground that the notice of motion no.3891/2017 was pending for
argument on so many dates. The defendant has neglected and avoided
to proceed with hearing of said notice of motion. Therefore, there is no
reason to allow this notice of motion for taking out earlier notice of
motion from dismissal caption.
4. No doubt by notice of motion no.3891/2017 defendant has
raised certain issues which may go to the roots of the suit. Therefore,
opportunity needs to be given to the defendant to argue on said issue.
It is needless to say that opportunity will also be given to plaintiff to
defend that prayer. As defendant is ready to proceed with the hearing
of earlier notice of motion, there is no reason for this Court to deny the
same. As far as possible no party should be deprived from putting its
case. Accordingly the order.
O R D E R
1. NM No.397/19 in NM No.3891/17 in SU No.2424/16 is
hereby allowed.
2. NM No.3891/17 is taken out from dismissal caption and
kept for hearing.
(Milind V. Kurtadikar)
Judge, (C.R.No.20)
Dt.: 24/07/2019 City Civil Court, Gr. MUMBAI
Dictated on : 24.07.2019
Transcribed on : 01.08.2019
Signed on : 03.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.08.2019 03.10 p.m. Sanjay B. Kaskar
(StopGap Stenographer)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
24.07.2019.
Judgement/order signed by P.O on 03.08.2019.
Judgement/order uploaded on 07.08.2019.
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