Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1362/19 in Suit No. 446/10. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1362 OF 2019
(CNR NO. MHCC010034932019)
IN
SUIT NO. 446 OF 2010
(CNR NO. MHCC010002172010)
Mr. Akbarullah Khan and others ...Plaintiffs
Versus
The Municipal Corporation of Greater Bombay and Ors. ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 16th DECEMBER, 2019.
Ms. N.M.Parkhe, Advocate for Plaintiffs.
Ms. Tondwalkar, Advocate for Defendant No.1 / MCGM.
Defendant No.2 in person (absent).
ORDER
This is a motion taken out by defendant no.2 Mr. Saleh
Mohd. Yusuf Qureshi. Motion is taken out by defendant no.2 in person.
It is requested to set aside the order of no crossexamination and no
evidence of defendant order dated 18/07/2018. Defendant no.2 in
person is not present. On perusal of affidavit in support of motion,
defendant no.2 made allegation against previous lawyers that because
of fault of then lawyers, he could not proceed with the matter.
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N/m No. 1362/19 in Suit No. 446/10. 2 Order.
2. Perused reply submitted by plaintiff. Advocate Parkhe for
plaintiff submits that this is a third round of notice of motion submitted
by defendant no.2 and prayed to set aside the order. According to
plaintiff, defendant no.2 is failed to conduct crossexamination of
witness of plaintiff and avoiding to conduct the matter when it was
posted for final arguments. It is requested to reject with heavy cost.
REASONS FOR ORDER
3. The suit is 9 years old. Admittedly, plaintiff and defendant
no.1 MCGM has closed the evidence and it was posted for final
arguments. The written notes of arguments are already on record.
There is a specific intimation given to defendant no.2 in roznama dated
02/02/2019 to obtain appropriate steps, otherwise Court will proceed
for judgment in view of written notes of arguments.
4. For the first time this Court has passed no cross
examination order against defendant no.2 on 25/08/2014. Thereafter
similar order was passed on 17/01/2017. This is a third order dated
18/07/2018 challenged by defendant no.2. On perusal of para 7 of
affidavit, defendant no.2 has shifted his responsibility on then lawyer
Mr. Dharamraj and advocate Holamagi that both of them has avoided to
take necessary steps. On perusal of entire roznama, for twice no cross
examination order was set aide by showing leniency and with an object
to provide opportunity to decide the matter on merit.
5. It is to note that plaintiff has examined one witness,
defendant MCGM has examined one witness and both of them have
closed the evidence. Considering all facts in total, this is a best example
of abuse of process of law. Hence it deserves to be rejected.
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N/m No. 1362/19 in Suit No. 446/10. 3 Order.
6. Considering factual aspect that defendant no.2 Mr. Mohd.
Saleh Qureshi is party in person, he may deposit or pay compensatory
cost of Rs.5,000/ to plaintiff and defendant no.1 MCGM each (Rs.5,000
X 2 = Rs.10,000) within ten days and he is at liberty to conduct cross
examination on next date returnable on 06/01/2020. Hence the order :
ORDER
1. Notice of Motion No. 1362/2019 is allowed subject to cost
of Rs.5,000/ be paid or deposited in the court, to plaintiff
and defendant no.1 each within 10 days from the order.
2. If defendant no.2 deposited the aforesaid cost, he may
conduct crossexamination of DW1 and he may lead
evidence on next date returnable on 06/01/2020.
3. In default to deposit aforesaid cost, suit will be posted for
final arguments, without evidence of defendant no.2.
4. Accordingly, N/m No. 1362/19 stands disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 16/12/2019. Mumbai.
1. Dictated on : 16/12/2019.
2. Transcribed on : 17/12/2019.
3. Signed on : 18/12/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 1362/19 in Suit No. 446/10. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/12/2019. 11.11 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 16/12/2019.
Judgment/Order signed by P.O. on 18/12/2019.
Judgment/Order uploaded on 19/12/2019.
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