Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT FORT GREATER BOMBAY
NOTICE OF MOTION NO. 945 OF 2018
IN
SUIT NO. 4966 OF 2008
Miss. Sakina Kaidzohar Moyaddi .. .. Plaintiff
Versus
Bhupesh Vinaychandra Shah & Ors. .. .. Defendants
Mr. Ram Singh Advocate for the Plaintiff present.
Mr. Shenoy Advocate for the Defendant no.2.
Ms. Eventa A. Gonsalves Advocate for the Defendant no.3.
Coram : His Honour Judge
Shri. G. O. Agrawal
CR no. : 13
Dated : 15.6.2018
Oral Order:
The notice of motion has been taken out by the
defendant no.3 for recalling of no cross examination order
passed on 2.2.2018. Heard learned Counsel for the
defendant no.3 and plaintiff. Learned Counsel for the plaintiff
candidly submitted that matter be decided on merits.
2. According to the defendant no.3 his Counsel was
unwell and could not attend the matter on due date which
resulted in to passing of no cross examination against the
defendant no.3. The defendant no.3 is ready to conduct the
cross examination. The defendant no.3 should not suffer for
the default of its earlier advocate.
3. Of course, the cross order is fatal to the defendant
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no.3's case. The party should not suffer for the misdemeanor
of the advocate. The defendant no.3 appears to be a lady.
No one should be condemned unheard. For the purpose of
effective adjudication of the suit, I am of the opinion that it
will be just and proper to afford fair opportunity to the
defendant no.3 to conduct the cross examination. The
reasons for the absence for learned Counsel on behalf of the
defendant no.3 appear plausible. I take justice oriented
approach.
In the result, following order is passed:
ORDER
1. The Notice of Motion no. 945 of 2018 is allowed.
2. The no cross examination order dated 2.2.2018 is hereby
recalled.
3. The defendant no.3 is allowed to conduct cross
examination of the plaintiff's witness
Dated :15.6.2018 (G. O. Agrawal)
Judge
City Civil Court
Gr. Mumbai
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(As per office circular no.25 of 2016 and 20 of 2016, dated 20.12.2016 issued IC Registrar)
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DATE & TIME OF UPLOADING NAME OF STENOGRAPHER : BHARATKUMAR NUKTE
15.6.2018 5.00pm
Name of Steno with Post. : Bharatkumar Nukte, Stenographer (HG)
Name of the Judge (with Court no.) : HHJ Shri. G. O. Agrawal (CR no. 23)
Date of pronouncement of Judgment : 15.6.2018
Judgment signed by the P.O. On : 15.6.2018
Judgment uploaded on : 15.6.2018
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