Final Order 1

Order Details: Notice of Motion
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MHCC010076812007
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1078 OF 2020
IN
SUIT NO.5068 OF 2007
IN
HIGH COURT SUIT NO.1494 OF 2007
Madhava Commercial Premises
Co-Op.Society Ltd.,
Plot No.C4, “E” Block
Bandra-Kurla Complex,Bandra(E),
Mumbai-400 051. …..Plaintiff
V/s
1. United Health Care Limited
A Public Limited Company, Incorporated
under the Companies Act, 1956 and
having the Registered Office at 301,
Peddar Road, Mumbai-400 026
2. Shri.Raj Kumar Gupta, Managing Director
3. Shri.A.C.Agarwal, Director
4. Shri.S.S.Gupte, Director
5. Shri.Deepak Gupta, Director
6. Shri.D.K.Dogra, Director,
having office at 301, Peddar Road,
Mumbai-400 026.
7. M/s.Hind Construction
C/o. Lajwanti Bajaj,
A/10, Jeevan Sudha,
Juhu Lane, Andheri(W),
Mumbai-400 056. ……. Defendants
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APPEARANCE:-
Advocate Ashok Maru for plaintiff.
Advocate Bhumika Lodha for defendant nos.1 & 2.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE : 12th March, 2020
ORDER
Perused Notice of Motion and affidavit in reply and reply
tendered by plaintiff.
2. Defendant has taken out Notice of Motion for recalling no
cross order dated 17/10/2019. It is submitted that the advocates
have been regularly appearing in the suit, however, the matter was
missed by few minutes only on 17/10/2019 due to inadvertence as
advocate was engaged before the Court of Hon’ble P.J.in Court
Room No.19. It is further submitted that till advocate reached
before the court the board was called out and no cross order was
passed against defendant. It is submitted that on the same day
application was filed however, it is necessary on the side of
defendant to file Notice of Motion. Lastly, it is submitted that in
the interest of Justice, order dated 17/10/2019 kindly be recalled
and defendant may be permitted to cross examine witness.
3. Say of otherside was called. Plaintiff in writing given no
objection to allow Notice of Motion.
4. I have heard Ld.Counsel for both the sides. Perused the
record. As per the record on the same day the defendant preferred
an application for setting aside no cross order passed by this court
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on 17/10/2019. As the suit was decided on merit, it is necessary
on the side of defendant to conduct cross examination of plaintiff
witness and therefore, in the interest of Justice, I am of the
opinion that the defendant is entitled to conduct cross examination
of plaintiff. Hence, I proceed to pass following order.
ORDER
Notice of Motion No.1078 of 2020 is made absolute in terms of
prayer clause (a).
Date:- 12/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 12/03/2020
H.H.J.Signed on :- 13/03/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/03/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
12/03/2020
JUDGMENT/ORDER signed by P.O. on 13/03/2020
JUDGMENT/ORDER uploaded on 13/03/2020
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