Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.296 of 2018
CNR No.MHCC010012992018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.296 OF 2018
IN
SUIT NO.8321 OF 1999
E.I.D. Parry (India) Limited .. Plaintiff
Versus
Smt. Shanta Subhashchandra Dandawati .. Defendant
Ld. Advocate Ganu for plaintiff.
Ld. Advocate Prashant Kulkarni for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 27.07.2018
: ORDER :
This Notice of Motion is taken out by plaintiff to take on
record and mark as exhibits the documents and to condone the delay in
filing this notice of motion.
2. Counsel for the Plaintiff submitted that document at Sr. No.
A in compilation of document filed by them at Exh. 5 is the certified
copy of order dated 29.06.2001 passed by the Hon'ble Madhya Pradesh
High Court. The documents at Sr. No. C to J are the office copies of the
bills and the document at Sr. No. N to U are the transport receipts by
which goods were transported to the defendant. The counsel for
defendant objected and submitted that the evidence of the plaintiff is
going on and the notice of motion is not maintainable.
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: 2 : Notice of Motion No.296 of 2018
3. Heard both the parties. Perused the material on record.
4. Now the defendant's evidence is going on. This notice of
motion should have been taken earlier. Admittedly, there is delay.
Considering the documents to be exhibited. The document at Sr. A is
the certified copy of the court's order. It can be exhibited. Similarly,
documents at Sr. No. C to J are the invoices and N to U are the
transport receipts. As per submission advanced defendant has not
submitted that they had not received the delivery. The invoices of sale
of goods and subsequent delivery by transport are connected
documents. Thus, they can be exhibited. The matter is old. There was
negligence on the part of plaintiff. Thus, cost is accordingly imposed.
Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.296 of 2018 is made absolute in terms
of prayer clause (a),(b) and (c).
2. Plaintiff is directed to pay the cost of Rs. 10,000/ to the
defendant on or before next date.
3. After payment of cost, documents be taken on record and be
exhibited.
4. Defendant shall at liberty to recall the witness L.S.
Dhanapalaksha.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 27.07.2018 Gr. Mumbai
Dictated on : 27.07.2018
Transcribed on : 27.07.2018
Signed on : 27.07.2018
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: 3 : Notice of Motion No.296 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 30.07.2018 at 3.00 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
27.07.2018
JUDGMENT/ORDER signed by P.O. on 27.07.2018
JUDGMENT/ORDER uploaded on 30.07.2018
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