Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 859/19 IN LC SU 377/10
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.859 OF 2019
IN
L.C.SUIT NO.377 OF 2010
Smt.Bibijan Abdullah Firoz Khan ... Plaintiff
Versus
M.C.G.M & Ors. ... Defendants
Coram : H.H.Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 22nd March, 2019.
Mr.A.R.Pande, advocate for plaintiff.
Smt.Patil, advocate for defendant/BMC.
O R D E R
1. The present notice of motion is moved by the plaintiff
seeking to set aside the order of no cross in respect of cross
examination of Deft.6(A). It is contented that the lawyer for the
plaintiff was held up in the Court for two urgent matters and
therefore he could not attend the Court and order of no cross was
passed. The plaintiff accordingly seeks to set aside the order of no
cross.
2. The defendant no.6(A) filed say and objected the notice
of motion. She submits that the application does not disclose details
in which the advocate was busy. The defendant 6(A) prays to dismiss
the notice of motion.
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2 NM 859/19 IN LC SU 377/10
3. The plaintiff on affidavit had contented that his lawyer
was busy in other Court and could not attend this Court. For the
reason in the application and in order to provide fair opportunity to
the plaintiff to crossexamine the defendant No.6(A) the application
is allowed in result with following order.
ORDER
1. Notice of Motion No.859/2019 is allowed.
2. The plaintiff is permitted to crossexamine the defendant No.6A.
3. The order of no cross is set aside subject to payment of cost of
Rs.1,000/ to the District Legal Services Authority, Mumbai.
(Sanjay N. Yadav)
Judge,
City Civil Court, Mumbai.
Dictated on : 22.03.2019
Transcribed on : 22.03.2019
Signed by HHJ on : 22.03.2019
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3 NM 859/19 IN LC SU 377/10
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.03.2019 At 12.30 p.m.
NAME OF CLERKTYPIST : Mrs. P. L. Parab
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. No.05
Date of Pronouncement of
JUDGMENT/ORDER
22.03.2019
JUDGMENT/ORDER signed by
P.O. on
22.03.2019
JUDGMENT/ORDER uploaded
on
25.03.2019
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