Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1225 of 2018
CNR No.MHCC010039332018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1225 OF 2018
IN
SUIT NO.2935 OF 2007
Royal Home Builders & Developers
Private Limited .. Plaintiff
Versus
Babar Estate Private Limited .. Defendant
Ld. Advocate Pandya for plaintiff.
Ld. Advocate Nikhil Karnavat for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 16.07.2018
: ORDER :
This Notice of Motion is taken out by defendant for framing
additional issues.
2. As per the contention of the defendant one Gaffar Khan
representing himself to be the director of defendant company executed
Agreement to Sale on 17.01.2006 with the plaintiff for entire
consideration. This fact is pleaded by the plaintiff. Similarly, they have
taken the specific defense in the written statement of which no issues
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: 2 : Notice of Motion No.1225 of 2018
has been framed. This contention is opposed by plaintiff.
3. Heard both the parties. Perused the material on record.
4. I have perused the plaint and written statement filed on
record. The contention of the plaintiff is regarding execution of
Agreement to Sale and that he had paid entire consideration of it to
Gaffar Khan. Issue no. 1 framed but it needs to be clarified. Similarly,
on perusal of written statement filed by defendant it appears that the
issues regarding the defense taken by him are not framed. They need to
be framed. Hence, considering this I accordingly pass the following
order.
: ORDER :
Notice of Motion No.1225 of 2018 is partly allowed in terms
of prayer clause (a).
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 16.07.2018 Gr. Mumbai
Dictated on : 16.07.2018
Transcribed on : 17.07.2018
Signed on : 17.07.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 18.07.2018 at 11.30 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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: 3 : Notice of Motion No.1225 of 2018
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
16.07.2018
JUDGMENT/ORDER signed by P.O. on 17.07.2018
JUDGMENT/ORDER uploaded on 18.07.2018
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