Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.631 of 2018
CNR No.MHCC010024012018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.631 OF 2018
IN
S.C.SUIT NO.649 OF 2012
Dineshbhai J. Mody and Ors. .. Plaintiffs
Versus
Sherbanoo Abdul SattarBatliwala and Ors .. Defendants
Ld. Advocate Rahul Raut for plaintiffs.
Ld. Advocate Sethia for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 01.08.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 1 to
condone the delay in filing present Notice of Motion and to setaside the
order dated 11.04.2016.
2. Defendant submitted that on 11.04.2016 the matter was for
crossexamination of PW2. That day the junior advocate was present
and she had no instruction to cross the witness. Hence, no cross order
was passed. The contention is opposed by the plaintiff.
3. Heard both the parties. Perused the material on record.
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4. Upon considering the hearing and perusing the material it
appears that compromise talks were going on. Thus, the opportunity is
granted to the defendant to crossexamine the plaintiff in the interest of
justice. While allowing the notice of motion cost is accordingly imposed.
Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.631 of 2018 is made absolute in terms
of prayer clause (a) and (b).
2. Defendant is directed to pay the cost of Rs. 2,000/ to the
plaintiff on or before next date.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 01.08.2018 Gr. Mumbai
Dictated on : 01.08.2018
Transcribed on : 02.08.2018
Signed on : 02.08.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 06.08.2018 at 11.15 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
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Date of Pronouncement of
JUDGMENT/ORDER
01.08.2018
JUDGMENT/ORDER signed by P.O. on 02.08.2018
JUDGMENT/ORDER uploaded on 06.08.2018
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