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Court Order

Final Order 3

CNR MHCC01002593201903 Jan 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 3 · 03 Jan 2025 · CNR MHCC010025932019

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100998/2019
Fulwantibai Chhaganraj Rathod And Ors Vs Ms M. K.Enterimprises And Ors
Date : 03-01-2025
Business : Adv. R. D. Thorat for plaintiff present. Adv. Patankar for
defendant No.1 to 3 present. None for other defendant present.
Record reflects that Notice of Motion No.998/2019 is
pending. That Notice of Motion was taken out by defendant
No.4. As per submissions of defendant No.4 on 09/12/2024
that as plaintiffs have paid the court fees as per the directions
of court now Notice of Motion No.998/2019 is infructuous.
Considering the respective submissions and in terms of orders
passed in Notice of Motion on 04/10/2021 and 01/08/2024 the
Notice of Motion no.998/2019 is disposed of. Proceeding of
Notice of Motion No.998/2019 in Suit No.8489/1993 is
closed. Parties to take note. Heard, learned Adv. for plaintiff
on the draft issues tendered by defendant No.4. As per his
submissions draft issues tendered by defendant No.4 may be
considered. His submissions are that by virtue of the original
issues at serial No.6 the draft issue No.1 is covered. By virtue
of the original issue framed at Serial No.1 draft issue No.2 and
3 are covered. Draft issue No.4 may be framed. As per the
original issue at Serial No.4 draft issues No.5 and 6 are
covered. Draft issue No.7 and 8 be framed. Draft issues No.9
is covered in draft issue No.4. Draft issue No.10 may be
framed and draft issue No.11 is covered in draft issue No.10.
He further submitted that draft issue No.12 is already framed.
He further submitted that issue of limitation as per draft issue
be framed. Learned advocate for defendant No.1 to 3 Patankar
submitted that issues framed on record are sufficient for
deciding the controversy between parties. Defendant No.4 is
absent for hearing on draft issues. Accordingly issues are
framed. Parties to take note. Later on. Adv. Shyamrao Gore
for defendant No.4 present.
Nature of Disposal : ALLOWED
Disposal Date : 03-01-2025
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