Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1641 OF 2019
IN
S.C. SUIT NO.3616 OF 2013
Bhatia Hospital … Plaintiff
V/s.
Mrs. Damyanti Vinod Jain & Anr. … Defendants
Appearances :
Ld. Adv. J.C. Tule for plaintiff.
Ld. Adv. Joshi for defendant.
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R. No.20)
DATED : 17th SEPTEMBER, 2019
ORDER
Plaintiff has taken out this notice of motion for filing
evidence affidavit of new authorized representative.
2. It is argued on behalf of Plaintiff that earlier evidence
affidavit of representative Mr. Darshan Sawant was filed. However, he
has left the service and therefore he is not available for recording
further evidence including crossexamination. Now plaintiff has
appointed Mr. Dinesh Mishra as authorized Signatory. Therefore,
plaintiff may be allowed to file evidence affidavit of Dinesh Mishra on
record in lieu of earlier affidavit.
MHCC01004520201 9
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NM 1641/19 .. 2 .. Suit No.3616/13
3. Defendant has resisted the application. It is argued that as
per Order 18 Rule 4 of CPC evidence affidavit once filed cannot be
taken back. Therefore, plaintiff may not be permitted to file fresh
evidence affidavit.
4. As per Order 18 Rule 4 of CPC party can lead evidence by
way of affidavit. Here, plaintiff has filed evidence affidavit of one
Darshan Sawant. It is plaintiffs contention that he has left the service.
In such circumstance I am of the opinion that plaintiff can be permitted
to file evidence affidavit of another representative. It will not cause any
prejudice to defendant as defendant will get opportunity of cross
examination. Accordingly the order.
ORDER
1. NM No.1641/19 in SU No.3616/13 is hereby allowed.
2. Plaintiff is permitted to file evidence affidavit of authorised
signatory Mr. Dinesh Mishra.
( MILIND V. KURTADIKAR )
Judge, (C.R. No.20)
Dt.: 17/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 17.09.2019
Transcribed on : 18.09.2019
Signed on : 20.09.2019
sbk/
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NM 1641/19 .. 3 .. Suit No.3616/13
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.09.2019 01.55 p.m. Sanjay Baliram Kaskar
(Stenographer Higher Grade)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
17.09.2019.
Judgement/order signed by P.O on 20.09.2019.
Judgement/order uploaded on 21.09.2019.
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