Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 1737 OF 2019
IN
L.C. SUIT NO. 46 OF 2011
(CNR NO. MHCCO10047792019)
Aisha Begum Islam )
An adult, Indian Inhabitant of Mumbai )
Occupation Business, having address at )
Gala Nos. 7, 8 and 9, Road No.1, )
Bharucha Tabela no.2, Pais Street, )
Byculla (West), Mumbai 400 011. )...Plaintiff.
Versus
1. Mumbai Municipal Corporation )
A Corporate Body Incorporated under )
Mumbai Municipal Corporation Act, 1888 )
Having its registered office at Mahapalika )
Bhavan, Mahapalika Marg, Fort, )
Mumbai400 001. )
2. Yakub Ali Bharucha, )
An adult Indian Inhabitant of Mumbai, )
Occupation is not known having address )
At 2nd Floor, Room No.5, Ramkumar )
Bhavan, Dr.Nair Road, Agripada, )
Mumbai400 011. )...Defendants.
Appearance:
Advocate Mr. Jitendra Mishra for plaintiff.
Advocate Mr. Kumavat for Defendants/MMC.
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CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 5th JULY, 2019.
(C.R.No.06)
O R D E R
This notice of motion has taken out by plaintiff for setting
aside the order of cross examination to the D.W.1 dated 14/11/18. This
notice of motion is resisted on behalf of the defendants by giving reply
dated 17/6/19. Heard both the Ld. counsels on behalf of both the sides
at length. Read the present notice of motion and reply thereon. Perused
the record.
2. By way of this notice of motion, the plaintiff has submitted
that she has been filed the present suit in the year 2011. She closed her
evidence. The matter was posted for evidence of the defendants.
Thereafter, defendants sought number of adjournments for adducing
their evidence. The plaintiff and her advocate were present each and
evey dates but on the date of 14/11/18, the plaintiff and her advocate
could not remain present. Therefore, no cross order has been passed of
the evidence of D.W.1 against the plaintiff dated 14/11/2018. The
plaintiff is ready to cross examination of the defendant's witness. On
these grounds, the plaintiff has requested that present notice of motion
may kindly be allowed and opportunity give to her for cross
examination to the defendant's witness.
3. By way of reply, the defendants have submitted that the
defendant's witness namely Ravindra Ghatge has filed his affidavit of
evidence. The witness was remain present, but the plaintiff could not
take the cross examination of the evidence of defendant's witness.
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Therefore, lastly on 14/11/2018, the Hon'ble Court has pleased to pass
order of no cross examination against the defendant. The plaintiff has
not given any specific reason or explanation in the present notice of
motion for setting aside the no cross order passed against her. All
these grounds, the advocate for defendants requested that the present
notice of motion may kindly be rejected.
4. After hearing the arguments advanced on behalf of both
the sides at length and on perusal of record, it appears that admittedly,
the plaintiff has filed the present suit in the year 2011. The plaintiff has
closed her evidence on 27/4/2017. After sought of numbers of
adjournments, the defendants witness Ravindra Ghatge has filed his
affidavit evidence on 15/06/2017. The advocate for the plaintiff was
present on 13/2/2018, 7/4/18, 19/6/18, 7/7/18, 31/7/18, 24/8/18,
12/9/18 and 25/10/18 and was ready and willing to take the cross
examination of the defendants witness. Considering the reason
mentioned in the notice of motion, it requires to give opportunity to the
plaintiff to cross examination of the defendant in order to decide the
matter on merit by imposing cost. Therefore, I proceed to pass the
following order.
ORDER
1. Notice of Motion No. 1737/19 is hereby allowed.
2. No cross order passed on 14/11/18, against the plaintiff is hereby
set aside, subject to cost of Rs.1,000/.
3. The plaintiff shall deposit the cost of Rs.1,000/ to the DLSA,
Mumbai.
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4. Notice of Motion No.1737/19 is disposed of accordingly.
Date : 05.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 05.07.2019
Transcribed on: 05.07.2019
Signed by HHJ : 08.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.07.2019 3.10 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
05.07.2019
Judgment/order signed by P.O on 08.07.2019
Judgment/order uploaded on 08.07.2019
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