Interim Order 2

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION NO. OF
IN
L.C.SUIT NO. 408 OF 2018
Mr. Harjeet Singh Gandhi …. Plaintiff
V/s.
1. Municipal Corporation of Greater
Bombay and Anr. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 27/09/2024
Adv. Anita Patil h/f Adv. Sandeep Ghogare plaintiff.
Adv. Sutar for defendant/BMC
Adv. Jignesh Jain for defendant No.2.
ORDER
Read Draft Notice of motion and say. Heard both
the sides.
2. By this Draft Notice of motion, plaintiff seeks
relief to remove present suit from order caption. Admittedly,
due to absence of plaintiff, matter was posted for order.
Grounds mentioned in notice of motion, it is just and
equitable in the eye of law to grant permission to advance
argument in Notice of Motion. It is settled principle of law,
that equal opportunity should be granted to both the parties.
If opportunity is granted to plaintiff to advance argument in
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notice of motion by removing present suit from order
caption, it will not cause prejudice to the rights of defendant.
On the other hand, notice of motion will be decided on merit.
Sufficient grounds are made out by plaintiff. Hence, in the
interest of justice, I proceed to pass following order.
ORDER
1. Draft Notice of Motion is allowed in terms of prayer
clause (a).
2. Both the parties to take note of this order.
3. Cost in cause
4. Draft Notice of Motion is disposed off.
5. Draft Notice of Motion be registered for statistical
purpose
Date:27/09/2024 (R. B. Parvekar)
Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 2 7 / 0 9 / 2 0 2 4
Ty p e d o n : 2 7 / 0 9 / 2 0 2 4
s i g n e d o n :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30/09/2024 03.12 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
27/09/2024
JUDGMENT/ORDER signed by
P.O.on
30/09/2024
JUDGMENT/ORDER uploaded on 30/09/2024
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