Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1300 of 2018
CNR No.MHCC010041382018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1300 OF 2018
IN
S.C.SUIT NO.3271 OF 2010
HIGH COURT SUIT NO. 644 OF 2010
Shamsher Mohd. Shoeb Shaikh .. Plaintiff
Versus
Matrukrupa Developers and anr. .. Defendants
Ld. Advocate Taral for plaintiff.
Ld. Advocate R.P.Singh for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 06.07.2018
: ORDER :
This Notice of Motion is taken out by defendant no. 2 as there
is delay in filing the Notice of Motion.
2. Defendant submitted that they appeared in the matter in the
Hon'ble High Court. He had given instructions to his advocate to file
written statement. But thereafter the matter was transferred to this
court and he was not informed. The contention is opposed by the
plaintiff.
3. Upon considering the hearing and perusing the roznama it
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appears that opportunity was granted to the defendant no. 1 on
02.12.2017 to file the written statement on record. Issues are yet to be
framed. Thus, defendant no. 2 can also be granted to file written
statement by imposing costs. Status of the defendant is considered
while imposing costs in the interest of justice. Accordingly, I pass the
following order.
: ORDER :
1. Notice of Motion No.1300 of 2018 is made absolute in terms
of prayer clause (a), (c) and (d).
2. Defendant is directed to pay the cost of Rs. 7,000/ to the
plaintiff on or before next date.
3. After payment of cost, written statement be taken on record.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 06.07.2018 Gr. Mumbai
Dictated on : 06.07.2018
Transcribed on : 06.07.2018
Signed on : 06.07.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 07.07.2018 at 3.10 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
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Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
06.07.2018
JUDGMENT/ORDER signed by P.O. on 06.07.2018
JUDGMENT/ORDER uploaded on 07.07.2018
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