Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1497 of 2018
CNR No.MHCC010046872018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1497 OF 2018
IN
SUIT NO.7365 OF 2001
M/s. Empress Advertising .. Plaintiff
Versus
M/s. 1 Up Ads Pvt. Ltd. .. Defendant
Ld. Advocate Rekha Acharya for plaintiff.
Ld. Advocate U.V.Singh for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 20.07.2018
: ORDER :
This Notice of Motion is taken out by defendant to condone
the delay in taking out Notice of Motion and for setting aside order
passed by this court on 20.02.2018 and thereafter permit him to lead
his evidence.
2. Defendant submitted that on 22.02.2018 he was in Jammu
for professional work. The matter was again kept on 17.03.2018 for
crossexamination. But he was out of station. On that day his Counsel
was engaged in another court. Junior advocate present in the court,
could not make proper submission and no cross order was passed and
the evidence of the defendant was also closed. He further submitted
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: 2 : Notice of Motion No.1497 of 2018
that the delay was not deliberate and prayed to setaside the order. The
contention of the defendant is strongly opposed by the counsel for
plaintiff.
3. Considering the rival submission in the interest of justice one
last opportunity is granted to the defendant to crossexamine the
plaintiff on next date by imposing costs. It is hereby made clear that if
the defendant fails to crossexamine the plaintiff this order shall stand
vacated and the matter would be heard finally. Hence, considering this
accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.1497 of 2018 is made absolute in terms
of prayer clause (a),(b) and (c).
2. Defendant is directed to pay cost of Rs. 5,000/ to the
plaintiff.
3. Defendant is further directed to crossexamine the plaintiff on
30.07.2018 at 2.45 p.m. If the crossexamination is not
conducted this order shall stands vacated and the matter
would be posted for arguments.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 20.07.2018 Gr. Mumbai
Dictated on : 20.07.2018
Transcribed on : 21.07.2018
Signed on : 21.07.2018
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: 3 : Notice of Motion No.1497 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 21.07.2018 at 5.45 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
20.07.2018
JUDGMENT/ORDER signed by P.O. on 21.07.2018
JUDGMENT/ORDER uploaded on 21.07.2018
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