Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no. 1090-18 L.C.SUIT no.672-2009
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 1090 OF 2018
(CNR no. MHCC010035232018)
IN
L.C. SUIT NO. 672 OF 2009
(CNR no. MHCC010044302008)
Girish Pratapsing Jhala ]..Plaintiff
Versus
The Brihan Mumbai Municipal Corporation
of Gr. Mumbai & Anr. ]... Defendants
Coram : M.S. Deshpande, Judge
(Court Room no. 05)
Date : 6th August, 2018.
Mr. V. B. Pandey, advocate for plaintiff.
Ms. Chandramore, advocate for defendant no. 1
Mr. P. M. Bhatt, advocate for defendant no. 2
ORDER
1. The defendant no. 1 has taken out this motion seeking to
set aside order dated 15.02.2017 whereby evidence of defendant no. 1
was closed.
2. The plaintiff opposed the motion by contending that
sufficient opportunity was granted to defendant no. 1. In spite of that it
failed to lead evidence, and subsequently it was closed due to its
lethargic approach. The defendant no.2 filed the reply and adopted the
reply filed by the plaintiff.
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2 NM no. 1090-18 L.C.SUIT no.672-2009
3. Heard the learned advocates for defendant no.1, plaintiff
and the defendant no. 2 in person. It appears from record that the cross
examination of DW 1 was completed on 07.12.2016 and matter was
thereafter adjourned for further evidence on 16.12.2016. Thereafter the
Presiding Officer was on leave on 06.01.2017 and 27.01.2017. On
15.02.2017 the impugned order was opposed. The learned advocate for
defendant no. 1 submits that certain evidence relating to assessment
record is required to be placed on record. The suit is instituted for
declaration relating to legality and vires of the notice issued under
Section 351 of MMC Act and further for relief of injunction. It is
pending since 2009. However, in the interest of justice and in order to
decide the matter on merits by avoiding multiplicity of proceedings, it is
necessary to allow the motion as follows :
ORDER
1. The Notice of Motion no.1090 of 2018 is made absolute in terms
of prayer clause (a) with the direction to lead evidence on
10.08.2018.
2. The Parties to bear their own costs of the motion.
(M.S. Deshpande)
Ad hoc Judge,
City Civil Court, Mumbai.
Dictated on : 06/08/2018
Transcribed on : 06/08/2018
checked by HHJ on : 09/08/2018
Signed by HHJ on : 09/08/2018
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3 NM no. 1090-18 L.C.SUIT no.672-2009
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 09.08.2018 at 2.55 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
06/08/2018
JUDGMENT/ORDER signed by
P.O. on
09/08/2018
JUDGMENT/ORDER uploaded
on
09/08/2018
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