Final Order 1

Order Details: Notice of Motion
Pdf Text: N.M.1447/19 in SC 6842/97 1
Date : 20.06.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1447 OF 2019
IN
S.C. SUIT NO. 6842 OF 1997
(CNR.NO.MHCC010037802019)
Joshuwa Nathan Nagavkar ) ….Plaintiff
VERSUS
Smt. Hanna Rahamim Charikar ) .... Defendant
Appearances:
Mr. Ruturaj Joshi, Advocate for plaintiff present.
Mr. A. Kazi, Advocate for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 20th June, 2019.
: ORDER :
1. The defendant filed instant Notice of Motion for setting aside no
cross order dated 19.03.2019. It is contended by the defendant that on
the day fixed for cross examination of the plaintiff witness, the advocate
of defendant was not keeping well, therefore, he could not cross
examine the witness. It is contented by the defendant that if the
aforesaid order of no cross examination is not set aside, it would
caused prejudice to his interest and would be deprived of right to
defend. The plaintiff apposed case by filing reply on the ground that
the advocate for defendant never remain present for conducting
proceeding. The defendant is trying to delay the matter. There is no
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N.M.1447/19 in SC 6842/97 2
substance in the application. Hence, the plaintiff prayed for rejection of
Notice of Motion.
2. Heard both the sides. Perused application, reply. It appears that
the due to the absence of the advocate of defendant no. 2, my
predecessor passed no cross order. But, today witness is absent and the
advocate of defendant is ready to cross examine the witness. Hence,
the inconveniency caused to the plaintiff on the earlier occasion would
be compensated by awarding reasonable cost. In my view, if the
defendant is not allowed to cross examine the witness, it would cause
grave injustice rather than inconveniency caused to the plaintiff. Thus, I
proceed to pass following order:
: ORDER :
1. Notice of Motion No. 1447/2019 made absolute on the condition
that the defendant shall cross examine witness today itself.
2. The defendant to pay the cost of Rs. 3,000/ to the plaintiff today
only.
3. Notice of Motion no. 1447/2019 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 20.06.2019 Greater Mumbai
Dictated on : 20.06.2019
Transcribed on : 20.06.2019
Draft submitted on :25.06.2019
Checked on : 27.06.2019
Signed on : 27.06.2019
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N.M.1447/19 in SC 6842/97 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/06/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
20/06/2019
JUDGMENT/ORDER signed by P.O.
on
27/06/2019
JUDGMENT/ORDER uploaded on 27/06/2019
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