Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 639 of 2019 In Suit No. 9882 of 1989
in H.C. Suit No. 3570 of 1989
1 Date : 07.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 639 OF 2019
IN
SUIT NO. 9882 OF 1989
(H.C.SUIT NO. 3570 of 1989)
(CNR NO.MHCC01001660 2019 )
Mrs. Zeenia S. Lawyer (alias) Ms. Zinia .. Plaintiff
Versus
Girdhar Gobindram Gianchandani & Ors. .. Defendants
Appearances :
Mr. Narvekar @ Adv.Ms.Shilpa Sevgar, Ld. Adv. for Plaintiff
Present.
Ms. Aarti Nimbalkar, Ld. Adv. for defendant Present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 07.08.2019
1. The defendants filed instant Notice of Motion for setting
aside and recalling order dated 18.01.2019 by which the Court
Commissioner was appointed by name of “Rubin Vakil” to conduct
crossexamination of the plaintiff witness due to old age of the
witness.
2. It is contended by the advocate for the defendants that they
have not been heard on the aforesaid application. Moreover they
are not agreeable with the name of Commissioner to record the
Crossexamination. Per contra Advocate for the plaintiff opposed
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NM 639 of 2019 In Suit No. 9882 of 1989
in H.C. Suit No. 3570 of 1989
2 Date : 07.08.2019
the Notice of Motion on the ground that the Notice of Motion is
not maintainable.
3. Heard both the sides. It appears to me that the defendants
are not agreeable with the name of Commissioner. In my view,
the Registry can be directed to provide name of the Court
Commissioner to record the Crossexamination of the plaintiff
witness. To the aforesaid suggestion, both the parties have agreed.
Therefore, on the above fact, without going into technicalities, I
am disposing off the instant Notice of Motion in view of the
following order.
ORDER
1. Registrar is directed to give name of Seasoned Court
Commissioner to record the Crossexamination of the
plaintiff witnesses.
2. The remuneration which is fixed by order dated 18.01.2019
shall be the same.
3. Commissioner so appointed shall complete Cross
examination of Plaintiff witnesses as far as possible by taking
day to day sittings as the matter is very old.
4. Parties to bear their own cost of present motion.
5. The other conditions of payment of cost of commissioner
shall remained as it is.
6. The Registrar to appoint Court Commissioner immediately
withing 2 days after the receipt of the order.
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NM 639 of 2019 In Suit No. 9882 of 1989
in H.C. Suit No. 3570 of 1989
3 Date : 07.08.2019
7. Both the Advocates are directed to remain present before
Registrar on 09.08.2019.
8. Notice of Motion No. 639 of 2019 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 07.08.2019 Greater Mumbai
Dictated on : 07.08.2019
Typed on : 07.08.2019
Draft Submitted on : 07.08.2019
Checked on : 08.08.2019
Signed on : 08.08.2019
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NM 639 of 2019 In Suit No. 9882 of 1989
in H.C. Suit No. 3570 of 1989
4 Date : 07.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
09/08/2019 at 3.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
07/08/2019
JUDGMENT/ORDER signed by P.O.
on
08/08/2019
JUDGMENT/ORDER uploaded on 09/08/2019
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