Final Order 1

Order Details: Notice of Motion
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IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT FORT GREATER BOMBAY
NOTICE OF MOTION NO. 1590 OF 2018
IN
SUIT NO. 225 OF 2010
Cdr. Kehar Singh VSM IN (Retd) .. .. Plaintiff
Versus
Mumbai Hockey Association Ltd. & Ors. .. .. Defendants
Advocate for the Plaintiff present.
Mr. Pritesh Rajgor Advocate for the Defendants.
Coram : His Honour Judge
Shri. G. O. Agrawal
CR no. : 13
Dated : 14.6.2018
Oral Order:
The notice of motion has been taken out by the
defendant no.1 for recalling of no cross examination order
passed on 16.3.2018. Heard learned Counsel for the
defendant no.1 and plaintiff.
2. Learned Counsel for the defendant no.1 has urged
that previously the matter was handled by some other
advocate who could not attend the matter on due date and
the no cross examination by defendant no.1 order was
passed. The defendant no.1 is ready to conduct the cross
examination. The defendant no.1 should not suffer for the
default of its earlier advocate.
3. The defendant no.1 appears to be a pubic limited
company. It is obvious that appropriate instructions are
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necessary from the authorized persons to the Counsel. No
cross order is fatal to the defendant no.1's case. No one
should be condemned unheard. The suit is of the year 2010.
For the purpose of effective adjudication of the suit, I am of
the opinion that it will be just and proper to afford an
opportunity to the defendant no.1 to conduct the cross
examination of plaintiff's witness. The reasons for the
absence for learned Counsel on behalf of the defendant no.1
appear plausible. I take justice oriented approach and allow
the notice of motion by imposing costs upon the defendant
no.1.
In the result, following order is passed:
ORDER
1. The Notice of Motion no. 1590 of 2018 is allowed with
costs.
2. The no cross examination order dated 16.3.2018 is hereby
recalled.
3. The defendant no. 1 is allowed to conduct cross
examination of the plaintiff's witness subject to payment of
costs of Rs.500/ payable by defendant no.1 to the plaintiff.
Dated :14.6.2018 (G. O. Agrawal)
Judge
City Civil Court
Gr. Mumbai
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(As per office circular no.25 of 2016 and 20 of 2016, dated 20.12.2016 issued by IC Registrar)
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DATE & TIME OF UPLOADING NAME OF STENOGRAPHER : BHARATKUMAR NUKTE
14.6.2018 6.00 pm
Name of Steno with Post. : Bharatkumar Nukte, Stenographer (HG)
Name of the Judge (with Court no.) : HHJ Shri. G. O. Agrawal (CR no. 23)
Date of pronouncement of Judgment : 14.6.2018
Judgment signed by the P.O. on : 14.6.2018
Judgment uploaded on : 14.6.2018
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