Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.427 of 2018
CNR No.MHCC010016822018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.427 OF 2018
IN
SUIT NO.8686 OF 2000
Mr. Prashant C. Pal .. Plaintiff
Versus
M/s. HMG Engineering Limited. .. Defendants
Ld. Advocate Sujeet Mashal for plaintiff.
Ld. Advocate Vikas Singh for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 26.09.2018
: ORDER :
This Notice of Motion is taken out by plaintiff for recalling the
plaintiff to file additional affidavit of evidence and to file additional
compilation of document on record.
2. It was submitted that the plaintiff had filed affidavit of
evidence on 17.11.2013 and additional affidavit of evidence on
12.11.2014. He visited the office of Chartered Accountant (C.A.) in
April, 2014 where during the search some documents were not traced.
Crossexamination of the plaintiff was completed on 06.12.2017.
Thereafter, matter was adjourned on 22.12.2017 for further evidence of
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plaintiff. Plaintiff again went to office of C.A. and searched the
documents, but he could not tressed it. Thereafter the documents
regarding I.T Return alongwith acknowledgement for the year 1996
1997 and 19971998 were traced. Plaintiff wants to file evidence of
Balchandra Joshi, who is the accountant.
3. Defendant appeared and submitted that the plaintiff filed his
affidavit of evidence alongwith additional evidence. He was cross
examined. As the plaintiff delayed the matter his evidence was closed
on 22.12.2017. On the same day they stated before the court that they
did not wants to lead any evidence and thereafter matter was posted for
arguments. Plaintiff filed the notice of motion only to delay the matter.
He was given sufficient opportunities to lead the evidence. They further
submitted that the evidence of proposed witness is not necessary and
prayed to dismiss the motion.
4. Heard both the parties. Perused the material on record.
5. This suit filed by the plaintiff for recovery arising out of the
business transaction that occurred on 15.09.1995 and 31.10.1996.
Thus, the plaintiff was aware of his case and the evidence he was
required to lead. Plaintiff had adduced his evidence. He also filed
documents on record. He was crossexamined. Defendant had not lead
any evidence. When the matter was closed for arguments on
22.02.2018. Plaintiff took out this notice of motion on 01.02.2018.
6. As observed the transaction happened in 15.09.1995 and
31.10.1996. Further, the suit was filed on 22.06.2000. Issues were
framed on 08.07.2013. Ample opportunity was granted to the
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plaintiff to file document on record and to lead the evidence.
When the matter was closed for arguments plaintiff had taken out
the notice of motion to file the documents that are more than 22
years old. The reason given by the plaintiff that the document was
tressed recently from the office of C.A. does not appears to be probable.
The documents which could not be traced for long where only traced at
the stage of arguments is not palpable. It was also shows the negligent
conduct of the plaintiff to persue the case. He has failed to take due
and care caution. This notice of motion cannot allowed at this stage,
so as to delay the matter and to cause prejudice to the defendant.
Hence, considering this I pass the following order.
: ORDER :
Notice of Motion No.427 of 2018 is rejected.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 26.09.2018 Gr. Mumbai
Dictated on : 26.09.2018
Transcribed on : 26.09.2018
Signed on : 26.09.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 27.09.2018 at 1.45 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
26.09.2018
JUDGMENT/ORDER signed by P.O. on 26.09.2018
JUDGMENT/ORDER uploaded on 27.09.2018
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