Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT FORT GREATER BOMBAY
NOTICE OF MOTION NO. 871 OF 2018
IN
SUIT NO. 4255 OF 2010
Trans Asian Shipping Services Pvt. Ltd. .. .. Plaintiff
Versus
Stoneman Royale Limited .. .. Defendant
Mr. Manoj R. Khatri with Mr. Arnab Ghosh Advocate for the
Plaintiff.
Advocate for the Defendant present.
Coram : His Honour Judge
Shri. G. O. Agrawal
CR no. : 13
Dated : 7.6.2018
Oral Order:
The plaintiff has taken out this notice of motion for setting
aside no cross examination order passed on 13th December,
2017. Perused notice of motion and affidavit in support
thereof. Heard learned Counsel for the plaintiff and
defendant.
1. Learned Counsel for the plaintiff has urged that on the
date when the matter was fixed for recording of evidence
learned Counsel for the plaintiff was held up in High Court
and could not attend the suit. The plaintiff is regularly
attending the matter. The nocross order shall cause great
prejudice to the plaintiff. The order be set aside. Learned
Counsel for the defendant opposed the notice of motion.
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2. The suit has been filed for recovery of Rs.11,50,116/ with
interest thereon. The suit is pending since the year 2010. The
plaintiff is pursuing suit since more than seven years.
Roznama shows that learned Counsel for the plaintiff was
regularly attending the matter. On 13th December 2017 when
the no cross order came to be passed learned Counsel for the
plaintiff was held up in some other court. It is a settled
proposition of law that the litigant should not suffer due to
the fault of advocate. Nocross order is detrimental to the
interest of plaintiff. In order to afford sufficient opportunity
and for the purpose of fair trial, I find it just and proper to set
aside the no cross examination order passed on 13th
December, 2017. The inconvenience caused to the defendant
can be compensated by awarding costs upon the plaintiff.
In the result, I passed following order:
ORDER
1. Notice of Motion no. 871 of 2018 is allowed.
2. The nocross examination order passed 13 th December,
2017 is quashed and set aside subject to payment of costs
of Rs.200/ payable to the defendant.
3. The plaintiff is allowed to cross examine the defendant's
witness.
4. The costs is condition precedent.
Dated : 7.6.2018 (G. O. Agrawal)
Judge
City Civil Court
Gr. Mumbai
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