Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 12072019 in SUM SUIT NO. 13602017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1207 OF 2019
IN
SUMMARY SUIT NO. 1360 OF 2017
(CNR NO. MHCC010031192019)
Bharat Hirji Shah ….Plaintiff
Versus
M/s. Chirag Corporation & Others …. Defendants
Appearance:
Shri. Jitendra Ranawat, Advocate for plaintiff.
Smt. Leena Sapra, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 02/04/2019
ORAL ORDER
1) The notice of Motion is filed by defendant to stay the
hearing of summons for judgment till final disposal of Notice of
Motion No. 2362/18, 2363/18 and 2364/18. The notice of
Motion is supported by affidavit of defendant stating that the
notice of motion are filed under order 7 Rule 11 of code of civil
procedure to reject the plaint on the ground of maintainability.
Hence prayed to allow the notice of Motion.
2) Advocate for plaintiff stated that he will argue the
notice of motion and will not file reply.
3) Heard Advocate Smt Leena Sapra for defendant and
Advocate Shri. Jeetendra Ranawat for plaintiff. Perused the
contents of Notice of Motion.
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4) I have also gone through the record. The plaintiff has
filed the summary suit for recovery from the defendants. The
defendants have filed three notice of motions seeking same relief
by the three defendants individually. The contents of the affidavit
of notice of Motion is nothing but as good as arguments stating
how the suit is not maintainable. The advocate for defendant is
objecting for hearing of summons for judgment together with the
notice of motion on the ground that the above notice of motion
filed by defendants about the maintainability of the suit will
decide the suit itself in case defendants succeed. On the other
hand Adv. Ranawat for plaintiff argued that three different notice
of motions seeking same relief are filed by the Defendant. Now
this motion is only by defendant No. 5 and has no authority of
the other defendants and the present notice of motion is filed
only to prolong the decision of the suit.
5) The three notice of motions which the defendants
have filed under order 7 rule 11 of the Code of Civil Procedure is
about the maintainability of the suit and reject the plaint.
Therefore these notice of motions needs to be heard and
thereafter only the argument of Summons for judgment on the
basis of decision could be taken up for hearing. Hence pass
following order:
ORDER
1. The notice of motion is allowed.
2. The parties are directed to argue the
three notice of motion filed by the
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defendant under order 7 rule 11 of the
CPC.
3. Accordingly Notice of Motion is
disposed of.
(S.S. Nagur)
Date : 02/04/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 02/04/2019
Transcribed on : 04/05/2019
Signed on : 04/05/2019
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
04.05.2019 & 5.32 p.m. : Mrs. S.A. Shekade (LG)
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 02.04.2019
Order
Judgment/Order signed by the P.O. on : 04.05.2019
Judgment/Order uploaded on : 04.05.2019
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