Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.433 OF 2020
IN
SUIT NO.3389 OF 2013
Mr.Riyaz Ismail Kuyyalil ... Plaintiff
V/s
Mr.Bundty H.Gour ... Defendant
APPEARANCE:
Advocate Shashikala Mahamuni for plaintiff.
Advocate K.V.Sharkuddin for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 28th January, 2020
ORDER
The defendant has taken out Notice of Motion on the ground that
suit was fixed for cross examination of defendant on 17/10/2019 due to
genuine personal difficulty he could not remain present before the court
and apply for adjournment however, no cross order was passed. It is
further submitted that defendant ready and willing to cross examine the
plaintiff because defendant had good case on merit and defendant
should not suffer due to genuine personal difficulty of the advocate for
defendant. Lastly, it is prayed that no cross order be set aside and
defendant may be permitted to cross examine the plaintiff.
Plaintiff filed written reply with no objection. It is submitted that
prayer of defendant may consider date wise. Cost to be imposed and
paid to the plaintiff as per the discretion of the court.
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I have heard Ld.Cousel for both the side. Perused entire record.
The suit is pending in the court since 2013. Record shows that the suit
is adjourned on one and another reason on account of defendant.
While adjourned the suit sufficient adjournment is given however,
defendant failed to cross examination. Finally, no cross order was
passed on 17/10/2019. Defendant raised certain ground in the Notice
of Motion however, plaintiff has given no objection if defendant no.1
willing to cross examine witness, in view of no objection given by
plaintiff. I come to conclusion that opportunity and in the interest of
Justice, permission be granted to the defendant no.1 to conduct cross
examination for deciding the dispute between plaintiff and defendant
on merit. Hence, I proceed to pass following order.
ORDER
1. Notice of Motion No.433 of 2020 is made absolute in terms of
prayer clause (a) and (b).
2. Notice of Motion No.433 of 2020 is disposed of in the above said
term.
Date:28/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :28/01/2020
Typed on :28/01/2020
H.H.J.Signed on :28/01/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/01/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
28/01/2020
JUDGMENT/ORDER signed by P.O. on 28/01/2020
JUDGMENT/ORDER uploaded on 28/01/2020
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