Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.618 OF 2020
IN
SUIT NO.6418 OF 2003
Mr.Vilas Anant Kulkarni & Anr. ....Plaintiff
V/s
Mr.Charuhas Shantaram Hadkar ....Defendant
APPEARANCE:-
None for plaintiff.
Advocate Ms.Reshma Shirke for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE : 27th February,2020
ORDER
Defendant has taken out Notice of Motion to carry further
corss examination of plaintiff witness. It is submitted that the
present suit is for cross examination of witness. However, it was
submitted by the counsel that the advocate on record is out of
station. However, defendant engaged him to cross examine the
plaintiff witness is out of station and advocate on record was on
his way to the court and because of slip of tongue advocate made
submission to the court and order was passed. It is further
submitted by the defendant that he is ready to conduct corss
examiation and permission is granted to further cross examination
-- 1 of 3 --
2
no harm would be caused to the plaintiff and if not permitted
great hardship to the defendant which cannot be compensated in
terms of money.
Plaintiff opposed Notice of Motion by filing written reply. It
is contended by plaintiff that he has strong objection for allowing
Notice of Motion.
I have Ld. Cousenl for plaintiff and defendant and perused
record. The present suit is old one and since pending in 2003. In
view of order dated 22/2/2018 documents are marked an exhibited
documents and thereafter the suit was posted for cross
examination. Thereafter, suit was adjourned for the purpose of
settlement however, no settlement was taken place in between
plaintiff and defendant and thereafter suit was again posted for
cross examination of witness. In the meantime, the mediation
report was received from the mediator and witness was present
before the court however, it was submitted by the counsel for
defendant that the advocate was out of station and order was
passed against defendant. Admittedly, the defendant has contest the
suit by filing written statement. It is to be noted here if defendant
conduct cross examination then it is very easy to the court to
decide the dispute in between plaintiff and defendant on merit and
therefore, the cross examination of defendant is required to be
necessary. Under such circumstance, opportunity and in the interest
of Justice, I proceed to pass following order.
-- 2 of 3 --
3
ORDER
1. Notice of Motion No.618 of 2020 is made absolute in terms
of prayer clause (a).
2. Defendant is permitted to conduct cross examination of
plaintiff.
3. Plaintiff is directed to remain present before the court
alongwith witness for cross examination on next date
positively.
Date:-27/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 27/02/2020
Typed on :-27/02/2020
H.H.J.Signed on :-27/02/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
27/02/2020
JUDGMENT/ORDER signed by P.O. on 27/02/2020
JUDGMENT/ORDER uploaded on 27/02/2020
-- 3 of 3 --