Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO.721 OF 2020
CNR: MHCC01-001923-2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.721 OF 2020
IN
S.C. SUIT NO.7355 OF 2003
(HIGH COURT SUIT NO.3650 OF 2003)
Shri Suresh Raghavji Tiwari .. Plaintiff
V/s.
1. Shri Prashidhnarayan Chikuddi
Pandey & Ors .. Defendants
Appearances :-
Mr. S. H. Singh, Adv. i/b. Mr. R.B. Singh, Adv. & Associates for
plaintiff.
Ms. Shobha Yadav, Adv. for defendant No.2.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 26th February, 2021.
ORDER
1 This Notice of Motion is moved by the defendant No.2
for setting aside ‘no cross order’ dt.04/01/2020 and permission to
cross examine PW-1.
2 Perused the Notice of Motion. Heard both the sides.
3 On 04/01/2020, advocate for the defendant No.2 was
absent, therefore, ‘no cross’ order was passed. On next date i.e.
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2 N/M NO.721 OF 2020
on 07/02/2020, present Notice of Motion was moved. Not only
this, on the next 07/03/2020, advocate for defendant No.2
conducted cross examination of PW-2. Roznama reflects that
advocate for the defendant No.2 was regularly present on other
dates also.
4 Notice of Motion is opposed by the learned advocate
for the plaintiff that there is delay in moving the Notice of Motion.
5 After hearing both the sides, I go through record. As
the Notice of Motion is moved on the very next date, therefore, it
cannot be said that there is delay. Considering the facts and
circumstances of the case, I am inclined to allow the Notice of
Motion and pass following order.
ORDER
1 Notice of Motion No.721 of 2020 is hereby allowed in
terms of prayer clause(1) and (2).
2 Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 26/02/2021. Greater Bombay.
Dictated on :26/02/2021.
Transcribed on :26/02/2021.
Signed on :26/02/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 26/02/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
26/02/2021.
Judgment/Order signed by P.O. on 26/02/2021.
Judgment/Order uploaded on 26/02/2021.
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