Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 593/19 in Suit No. 4727/11. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 593 OF 2019
(CNR NO. MHCC010015382019)
IN
SUIT NO. 4727 OF 2011
(CNR NO. MHCC010052092011)
(HIGH COURT SUIT NO. 2871 OF 2011)
Balaji Infratech & Constructions Pvt. Ltd. ...Plaintiff
Versus
M/s. Allen Buildwell Pvt. Ltd. ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 23rd JULY, 2019.
Mr. Roy, Advocate for Plaintiff.
Mr. Masurkar, Advocate for Defendant.
ORAL ORDER
This is a motion taken out by defendant to set aside “No
Cross” order passed by this Court dated 28/09/2018. Ld. Advocate
Masurkar for defendant submits that relevant documents were marked
on 01/08/2018 and on the next day “no cross” order came to be passed
by this Court.
2. Perused reply filed by plaintiff behind notice of motion. It
is strongly resisted by ld. Advocate Roy for plaintiff. It is requested to
note that written statement came to be filed by the defendant after the
order of no W.S. It is requested to note that defendant is intending to
use every stage of the suit to protract trial. It is requested to reject, in
the alternative it is claimed for heavy cost.
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N/m No. 593/19 in Suit No. 4727/11. 2 Order.
3. In addition to aforesaid submission by ld. Advocate for
plaintiff, it is to note that leave was granted by this Court to tender
notice of motion on 04/02/2019. However, registered notice of motion
came to be filed by the defendant after 6 months.
4. On perusal of entire proceeding, it is to note that suit is 8
years old and it is partheard. Admittedly, present suit is received due
to increase in the jurisdiction of this Court from the Original Side of the
Hon'ble High Court. However, it would be appropriate to decide the
matter on merit. Hence aforesaid order of “No Crossexamination”
dated 28/09/2018 is set aside subject to cost of Rs.3,000/ be paid to
plaintiff. Hence the order :
ORDER
1. Notice of Motion No. 593/2019 is allowed, subject to cost
of Rs.3,000/ (Rupees Three Thousand Only) be paid to
plaintiff.
2. In view of above order, “No Crossexamination” order
dated 28/09/2018 is set aside, defendant to pay the cost to
the plaintiff on or before next date.
3. Defendant to note to expedite hearing as suit is 8 years old.
4. N/m No. 593/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 23/07/2019. Mumbai.
1. Dictated on : 23/07/2019.
2. Transcribed on : 23/07/2019.
3. Signed on : 24/07/2019.
4. Delivered to Certified :
Copy Section on
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N/m No. 593/19 in Suit No. 4727/11. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/07/2019. 11.05 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 23/07/2019.
Judgment/Order signed by P.O. on 24/07/2019.
Judgment/Order uploaded on 25/07/2019.
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