Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 529 OF 2019
IN
L.C. SUIT NO. 409 OF 2010
(CNR NO. MHCCO10013752019)
Mrs.Bano Suleman Qureshi & Ors. )...Plaintiff.
Versus
The Municipal Corporation of )
Greater Mumbai )...Defendants.
Appearance:
Advocate Mr.Ajay Das for plaintiff.
Advocate Mr.Sutar for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 07th AUGUST,2019.
(C.R.No.06)
O R D E R
This notice of motion is taken out by the plaintiff for setting
aside no cross order passed on 10/12/2018. This notice of motion
resisted on behalf of the defendant/BMC by filing reply on the same
notice of motion. Heard both the Ld. counsels on behalf of both the
sides at length. Read the present notice of motion and reply thereon.
Perused the record.
2. The learned advocate on behalf of the plaintiff has argued
that the plaintiffs have proved their evidence and thereafter the matter
was adjourned for filing evidence of the defendant witness. The
defendant's witness was present on that day but the plaintiff and his
-- 1 of 4 --
2
advocate could not remain present. Therefore, no cross order passed
against the plaintiff to the evidence of defendant witness namely Shri
Prakash S. Sonawane. There was no intention of the plaintiff for
delaying to cross examine to the witness of the defendant but due to he
could not remain present, no cross order passed against the plaintiff.
The plaintiffs are ready to take cross examination to the witness of the
defendant.
3. The learned advocate of the defendant has argued that the
plaintiffs have sought sufficient opportunity to take cross examination
to the witness of the defendant/Corporation, therefore, on 10/12/2018,
this Hon'ble Court has passed no cross order against the plaintiff.
4. After hearing the arguments advanced on behalf of both
the sides at length and on scrutiny of the record, it appears that on
10/12/2018, the son of the plaintiff was present and advocate of the
plaintiff was absent, therefore, no cross order passed against the
plaintiff. The witness of the defendants namely Prakash Sonawane of
the defendant no.1. Considering reasons mentioned in the notice of
motion and the affidavit of the plaintiff in support of the this notice of
motion, I am of the opinion that it requires to give opportunity to the
plaintiff to cross examine the defendant's witness namely Prakash
Sonawane in order to decide the matter on merits, by imposing some
costs. Therefore, I am inclined to allow this notice of motion and
proceed to pass the following order.
ORDER
1. Notice of Motion No. 529/19 is hereby allowed subject to cost of
Rs.1000/.
-- 2 of 4 --
3
2. The plaintiffs are hereby directed to pay cost of Rs. 1000/ to the
DLSA, Mumbai.
3. Notice of Motion No. 529/19 is disposed off accordingly.
Date : 07/08/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 07/08/2019
Transcribed on: 08/08/2019
Signed by HHJ : 09/08/2019
-- 3 of 4 --
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/08/2019 5.00 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
07/08/2019
Judgment/order signed by P.O on 09/08/2019
Judgment/order uploaded on 09/08/2019
-- 4 of 4 --