Full Order Text
Order 1 · 29 Jul 2022 · CNR MHCC010028072018
Order Details: Notice of Motion Pdf Text: MHCC010028072018 CNR NO. MHCC010028072018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.763 OF 2018 IN S.C. SUIT NO.4456 OF 2009 (HIGH COURT SUIT NO.2739 OF 2009) IN THE MATTER BETWEEN MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY … Plaintiff V/s. M/S. BHARAT CERAMIC INDUSTRIES ... Defendant Appearances : Ld. Adv. Sampat a/w Adv. Niharika Singh for plaintiff. Ld. Adv. A. P. Sathe for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 29th JULY, 2022 ORAL ORDER 1. The Present notice of motion is taken out by defendants for permission to set aside the order dated 14.06.2017 and permission to further cross examine PW1. It was submitted by the defendants that, the earlier advocate did not attend the matter regularly and the defendants were not aware about the passing of no cross order, the defendants came to know about the no cross order after the new advocate inspected the record. The defendants are having not fault on their part . It was only due to negligence of earlier advocate, no cross order was -- 1 of 3 -- 2 NM 763/18 in S. C. Suit 4456/09 passed. The reason stated in the motion is reasonable and therefore no cross order be set aside. If the motion is not allowed the defendant will suffer serious prejudice and loss. 2. The plaintiff gave reply and submitted that, the notice of motion is misconceived and not maintainable. The present notice of motion is nothing but a delaying tactic on the part of defendants and therefore the notice of motion be dismissed. 3. Heard learned Advocate for defendant and plaintiff. The contents are not reproduced. Considering the submission it seems that, it is necessary to allow the defendant to cross examine the plaintiff. The reasons stated in the motion appears to be reasonable. Also for the fair adjudication of the matter on merits it would be appropriate to allow the defendant to further cross examine PW1. The plaintiff will not suffer any prejudice and on the contrary it will be the defendant who will suffer great harm. Hence I proceed to passed the following order ORDER 1. The Notice of Motion 763 of 2018 is allowed. 2. The No cross order dated 14.06.2017 is set aside and defendant is directed to further cross examine PW1 on next date without fail. 3. Parties to bear their own costs. ( Smt. R. K. Kshirsagar ) Judge, (C.R.No.13) Dt.: 29072022 City Civil Court, Gr. MUMBAI Typed on : 29072022 checked on : 29072022 Signed on : 03082022 ( Smt. R. K. Kshirsagar ) Judge, (C.R.No.13) City Civil Court, Gr. MUMBAI -- 2 of 3 -- 3 NM 763/18 in S. C. Suit 4456/09 “CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 24.08.2022 at 05.20 p.m. UPLOAD DATE AND TIME (YATISH R. JAGDALE) NAME OF TYPIST Name of the Judge H.H.J.Smt.R.K.Kshirsagar (COURT ROOM NO.13) Date of pronouncement of judgment/order 29.07.2022 Judgment/order signed by P.O. on 03.08.2022 Judgment/order uploaded on 24.08.2022 -- 3 of 3 --