Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO.1535 OF 2019
IN
CONTEMPT NOTICE OF MOTION NO. 4285 OF 2018
IN
L.C. SUIT NO. 2798 OF 2006
(CNR NO. MHCCO10040792019)
Mazgaon Tadwadi B.I.T. Chawl )
Niwasi Vasahat Bachav Kruti )
Samiti & Ors.) )...Plaintiffs.
Versus
Municipal Corporation of Greater Bombay )
& Ors. )...Defendants.
Appearance:
Advocate Anil Mishra for plaintiffs.
Advocate P.D.Gandhy for defendant nos. 3, 5 to 7.
Advocate Tawakulli a/w. Adv Sutar for defendant no.1/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 17th JUNE,2019.
(C.R.No.06)
O R D E R
This notice of motion came to be filed by the defendant no.
3, for setting aside no say order passed in Contempt Notice of Motion
No.4285/18 in L.C. Suit No. 2798/2006.
2. This notice of motion came to be resisted by the Contemnor
at ExhibitB. Read the present notice of motion and say thereon. Heard
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Ld. Advocates on behalf of both the sides. Perused the record.
3. Admittedly, no say order has been passed against
defendant no.3 in Notice of Motion No. 4285/18 in L.C.Suit No.
2798/2006. In support of this notice of motion, the defendant no.3
Suryakant Patil has filed his affidavit. Considering the reasons
mentioned in the affidavit of the defendant no.3 and considering the
grounds mentioned in the reply of the Contemnor at Exh. B, I think, it
required to allow to the defendant no.3 for contesting in proceedings
by allowing to file his reply. If this notice of motion is to be allowed,
then it will not cause any injustice to the either parties. Therefore, I am
proceed to pass following order:
ORDER
1. No reply of defendant no. 3 in Contempt NM No. 4285/18 in L.C.Suit
No. 2798/06 is hereby set aside subject to cost of Rs.500/.Cost amount
be deposited to DLSA, Mumbai.
2. Notice of Motion No.1535/19 is hereby disposed of.
Date : 17.06.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 17.06.2019
Transcribed on: 18.06.2019
Signed by HHJ : 19.06.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19/06/2019 3.20p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
17/06/2019
Judgment/order signed by P.O on 19/06/2019
Judgment/order uploaded on 19/06/2019
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