Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.1107/2020 in Suit No.7631/1985
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1107 OF 2020
IN
SUIT NO. 7631 OF 1985
(CNR NO. MHCC010031082020)
Kinetic Engineering Limited …. Plaintiff
Versus
Central Bank of India ….Defendant No.1
Sesha Laboratories Pvt Ltd ....Defendant No.2
M/s. Karimbil Industries ….Defendant No.3
Appearance:
Mr. Karshil Shah, Advocate for plaintiff.
Mr. J. K. Jadhav, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.20)
DATE : 09/03/2021
ORAL ORDER
1) The notice of motion is filed by plaintiff to appoint
commissioner to cross examine the witness of plaintiff. The notice
of motion is supported by Affidavit of Arun H. Firodia. He on
oath stated that he was admitted on emergency basis to Jupiter
Hospital, Baner, Pune on 18.01.2020 for Myocardial Infraction
(Heart Attack) and underwent primary Angioplasty due to which
he was advised to avoid physical and mental stress and travel for
a period of atleast three months. The plaintiff in the notice of
motion has prayed to appoint commissioner based in Pune.
2) Defendant filed reply and objected on the ground
that the application is not maintainable. The certificate is not a
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proper medical certificate. Almost a year passed after the witness
was advised for three months bed rest. Therefore the alleged
statement of the plaintiff regarding inability of witness to attend
the proceeding cannot be believed. The advocate for defendant
No. 1 and defendant No. 1's office is in Mumbai. It will be
inconvenient for everybody to attend hearing out of Mumbai.
Hence prayed to reject the notice of motion.
3) Heard advocate Mr. Karshil Shah for plaintiff and
Adv. Mr. J. K. Jadhav for defendant. Perused contents of notice of
motion and reply supported by affidavit. I have also gone through
the documents relied by the plaintiff.
4) The plaintiff is residing in Pune therefore he wants
to appoint a Commissioner who is resident of Pune. The office of
the defendant No. 1 and the advocates who are appearing for
defendant No. 1 are staying in Mumbai. The advocates for
plaintiff are also residing in Mumbai when asked.
5) In the present COVID19 pandemic situation it will
be difficult for the parties residing in Mumbai to visit Pune on
every hearing. There are in all six suits wherein allegations are of
in respect of payment of Bill of Exchange to be paid to defendant
No. 2. Considering the pleading and issues involved in the
dispute, it will require substantial cross examination of plaintiff's
witness. The witness can appear through video conferencing to
record his cross examination. Considering the present COVID19
pandemic situation it will be appropriate to avoid travel and
safety of the advocates and their clients from Mumbai to Pune to
record the cross examination. The plaintiff's witness can appear
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through video conferencing and complete his cross examination.
Hence pass following order :
ORDER
1. The Notice of Motion is disposed of
with direction that witness of plaintiff
can appear and record his cross
examination through video
conferencing.
(S.S. Nagur)
Date : 09/03/2021 Judge
City Civil Court,
Greater Mumbai.
Dictated on : 09/03/2021
Typed on : 09/03/2021
Signed on : 09/03/2021
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
10.03.2021 & 10.40 am : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 09.03.2021
Order
Judgment/Order signed by the P.O. on : 09.03.2021
Judgment/Order uploaded on : 10.03.2021
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