Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M No.504/2018 ..1.. Suit No.4615/2009
CNR No.MHCC010020012018
IN THE CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.504 OF 2018
IN
SUIT NO.4165 OF 2009
Mr. Virendra C. Doshi and another .. Plaintiff
Versus
Jayesh C. Doshi and another .. Defendant
Learned Advocate Nitesh V. Bhutekar for plaintiff
Learned Advocate Vaishnawa for defendant No.1
CORAM : HER HONOUR JUDGE
SMIT. ULKA L. JOSHI
COURT ROOM NO.31.
DATED : 14th February, 2018
ORDER
01. Order dated 10/08/2017 is under challenge in this Notice
of Motion.
02. Story put forth by defendant in short is that :
On 10/08/2017 suit is on the stage of cross
examination. Adjournment application is filed by defendant on the
ground that order in Chamber Summons No 644/2017 is under
challenge vide Stamp No.22754/2017 and same is posted for order on
11/08/2017. By rejecting said application cross examination of PW1
is closed by this Court. In such eventuality if PW1 is not recalled much
injustice will be caused to him. Hence, this notice of motion.
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N/M No.504/2018 ..2.. Suit No.4615/2009
03. By filing reply, plaintiff has raised strong objection. To
him, initially two Notice of Motions are allowed by imposing cost of
Rs.10,000/ and Rs.30,000/ and PW1 is recalled twice for cross
examination. Inspite of this, defendant failed to proceed with cross
examination on 10/08/2017. Therefore, order passed by this Court is
just and legal. On these grounds, he prayed for rejection of Notice of
Motion.
04. Perusal of Record & Proceeding shows that suit is time
bound suit as per order of Hon'ble Apex Court. Therefore every
Monday and Thursday is reserved by this Court for trial in present suit.
In spite of this, defendant failed to proceed with cross examination on
10/08/2017. Admittedly on 10/08/2017 there was no stay to further
proceeding. Hence filing of Writ Petition and posting of Writ Petition
for order is not just cause for recall of order dated 10/08/2017.
05. However, this being Trial Court every opportunity is
required to be granted to defendant to putforth his case. Hence, with a
view to have a fair trial and with a view that no cause should be left
with defendant to cry that opportunity is not granted to him one final
chance is required to be given to defendant. At the same time delaying
tactics and inconvenience caused to plaintiff is required to be
compensated in terms of money. Hence following order:
ORDER
1. Notice of Motion No.504 of 2018 is made absolute in terms of
prayer clause No.(a) and (b) subject to cost of Rs.10,000/ by defendant
to plaintiff on or before next date.
2. PW1 is hereby recalled for cross examination after payment of
cost.
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N/M No.504/2018 ..3.. Suit No.4615/2009
3. Plaintiff is directed to make him available on next date without
fail for cross examination and defendant is directed to proceed with
cross examination on next date without fail.
(Pronounced in open Court)
Mumbai (Smt. U. L. Joshi)
Date: 14/02/2018 Ad Hoc District Judge
City Civil & Sessions Court
Greater Bombay.
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N/M No.504/2018 ..4.. Suit No.4615/2009
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2018, 12.10 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Smt.U.L. Joshi
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
14.02.2018
JUDGMENT/ORDER signed by P.O.
on
17.02.2018
JUDGMENT/ORDER uploaded on 17.02.2018
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