Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 853 of 2018
CNR MHCCO10029472018
IN
L.C.SUIT NO. 3197 OF 2013
CNR MHCC010046222013
1. Mr.Arvindkumar Kanji Thakkar & Ors. )...Plaintiff.
V/s.
The Municipal Corporation of Greater
Mumbai and Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 20/03/2018.
Ld. Advocate Andrews for the plaintiff
Ld. Advocate Mrs.Kamble for the BMC/defendants no.1 to 4
None for defendant no.5.
ORAL ORDER
This notice of motion is taken out by the plaintiff for
setting aside the order dated 9/2/2017 wherein the evidence of the
plaintiff is closed.
2. Perused the notice of motion and reply.
3. Heard the advocate.
4. In the present case, plaintiff no.3 Mr. Shekhar Tayappa
Shetty has filed the affidavit of examination in chief as per Exhibit10
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and he has been marked as PW no.1. The record shows that even the
cross examination of PW no.1 was partly recorded on 9/6/2016. It is
submitted that as the witness was not well therefore he could not
attend the Court. The said fact is reflected in para no.2 of the affidavit
in support of the notice of motion as well as the medical certificate filed
on record.
5. In my opinion when PW no.1 has filed his affidavit in lieu
of examination in chief and even the cross examination was partly
conducted by the defendant/ MCGM, the closing of the evidence in such
a way would be difficult for further appreciating the same at the time
of trial. Genuine reasons are shown for absence of witness on
9/2/2017. Hence for giving fair opportunity to both the parties and
for properly appreciating evidence on record, this notice of motion
needs to be allowed in terms of prayer clause. Hence, I pass the
following order
ORDER
1. Notice of Motion no. 853 of 2018 is allowed and
made absolute in terms of prayer clause (a) subject
to the condition that on next date i.e. 7th June,
2018 PW no.1 shall remain present before the
Court for further cross examination.
3. Notice of Motion stands disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:20/03/2018.
Dictated on : 20/03/2018.
Transcribed on : 21/03/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date And
Time at 23/03/2018 at 11.20a.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.08)
Date of Pronouncement of
JUDGMENT / ORDER
20/03/2018
JUDGMENT / ORDER signed by
P.O.on
21/03/2018
JUDGMENT / ORDER uploaded on 23/03/2018
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