Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.57619
CNR No. MHCC010014542019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.576 2019
IN
SUMMARY SUIT NO.4490 OF 2013
Sharma Enterprises ...Plaintiff.
V/s.
Prashant Sawant ...Defendant
Appearances:
Ld. Adv Mr. Mhatre for the plaintiff.
Ld. Adv Ms. Karishma for the defendant.
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 25th MARCH, 2019.
ORDER
1. This is notice of motion taken by defendant for setting aside no
cross order dated 19.09.2018.
2. His contention is that on 19.09.2018, he could not attend the
Court as he was not keeping well, he had instructed his Advocate to
appear before the Court and conduct further cross examination of PW1.
However, on that day, his Advocate was also held up in another matter
therefore, he could not remain present for further cross examination of
PW1 Pradeep Sharma hence, no cross order was passed. His further
contention is that he had not done intentionally. However, due to his
illness, he could not remain present and his Advocate also could not
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remain present as he held up in another Court therefore, in the interest
of justice to decide the matter on merits no cross order be set aside and
PW1 be recall for further cross examination.
3. Advocate for plaintiff filed say. His contention is that notice of
motion is barred by law of limitation. The same is not taken out within
30 days from the date of order. There is no sufficient ground to
condone delay hence, notice of motion be rejected.
4. Advocate for defendant submitted that on 19.09.2018 he was
busy in another Court and defendant was not present due to his illness,
no cross order was passed. Advocate for defendant submitted that if no
cross order is set aside, defendant will not get an opportunity to contest
the suit therefore, in the interest of justice no cross order be set aside.
5. Advocate for plaintiff submitted that there is no sufficient reason
to set aside no cross order. Alternatively, he submitted that cost be paid
to the plaintiff.
6. After going through the evidence, it shows that on 25.07.2018
Advocate for defendant partly recorded cross examination of PW1 and
thereafter, matter is adjourned for cross examination on 19.09.2018.
On 19.09.2018 none present for defendant, no cross order was passed.
Defendant has stated on oath that he was not keeping well and his
Advocate was busy in another Court. This is sufficient reason to set
aside no cross order. Opportunity ought to have been given to
defendant to cross PW1, unless it will cause injustice to defendant.
However, simultaneously plaintiff is to be compensated by imposing
cost of Rs.1,000/ payable to the plaintiff hence, notice of motion is
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allowed and accordingly, I proceed to pass the following order:
O R D E R
1. Notice of Motion No.576 of 2019 is allowed.
2. No cross order dated 19.09.2018 is set aside. PW1 Pradeep
Sharma, is recalled for further cross examination. Defendant to pay
cost of Rs.1,000/ to the plaintiff.
3. Notice of Motion No.576 of 2019 stands disposed of accordingly.
( KALPANA S. HORE )
Judge,
Dated : 25/03/2019 City Civil Court, Gr. Mumbai
Dictated on : 25/03/2019
Transcribed on : 25/03/2019
Signed on : 25/03/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
26.03.2019 12.41 p.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Smt. K. S. HORE (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
25.03.2019
JUDGEMENT /ORDER signed by
P.O. on
25.03.2019
JUDGEMENT /ORDER uploaded
on
26.03.2019
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