Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 613/19 IN LC SU 343/05
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.613 OF 2019
IN
L.C.SUIT NO.343 OF 2005
Musakhan Madankhan ... Plaintiff
Versus
B.M.C. ... Defendants
Coram : H.H.Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 20th March, 2019.
Mr.Yuvraj, advocate for plaintiff.
Mr.Patil, advocate for defendant/BMC.
O R D E R
1. Musakhan Madankhan had filed his affidavit
examinationin chief. In this Notice of Motion it is informed that he
has undergone heart surgery and he is not in position to lead
evidence as plaintiff. In the light of above referred development he
has sought to examine the constituted power of attorney Maksood
Musakhan.
2. The Defendant Corporation have objected the notice of
motion.
3. Considering that the plaintiff is unable to lead evidence
because of heart problem, Maksood Musakhan needs to be permitted
to lead evidence as Power of Attorney of the plaintiff. The Power of
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2 NM 613/19 IN LC SU 343/05
attorney leading evidence for the plaintiff would not in any way
prejudice the interest of the defendant corporation. The notice of
motion is accordingly allowed in result the following order is passed
ORDER
1. The Notice of Motion No.613/2019 is allowed.
2. Maksood Musakhan is permitted to lead evidence as Power of
Attorney of the plaintiff.
3. The Notice of motion is disposed off accordingly.
(Sanjay N. Yadav)
Judge,
City Civil Court, Mumbai.
Dictated on : 20.03.2019
Transcribed on : 20.03.2019
Signed by HHJ on : 20.03.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 22.03.2019 At 11.46 a.m.
NAME OF CLERKTYPIST : Mrs. P. L. Parab
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. No.05
Date of Pronouncement of
JUDGMENT/ORDER
20.03.2019
JUDGMENT/ORDER signed by
P.O. on
20.03.2019
JUDGMENT/ORDER uploaded
on
22.03.2019
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