Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1678 of 2018
CNR No.MHCC010055742018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1678 OF 2018
IN
SUIT NO.4442 OF 2011
M/s. Amparpo Uae General Trading .. Plaintiff
Versus
Suminter India Organics Pvt.Ltd. And anr. .. Defendant/
Applicants
Ld. Advocate Shaikh for plaintiff.
Ld. Advocate Devashish Jahagirdar for defendants.
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 for setting
aside the order of no cross examination order passed by this court.
2. Defendant submitted that the suit was earlier dismissed on
22.11.2013. Due to this they were not in contact with the counsel.
Thereafter the suit was restored. They were not in communication with
the counsel. They got knowledge in January, 2018 that no cross order
has been passed. It was submitted that great harm and prejudice would
be caused to them if the said order of no cross is not setaside.
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: 2 : Notice of Motion No.1678 of 2018
3. The contention of the defendant is strongly opposed by the
counsel for plaintiff. Defendant has filed the written statement as per
Exh. 6. Issues have been framed. Plaintiff filed his evidence on record. It
seems that defendant did not crossexamine the plaintiff. Thus, with the
consent of both the parties one last opportunity is granted to the
defendant to crossexamine the plaintiff on 06.08.2018 by imposing
costs in the interest of justice. Accordingly, I pass the following order.
: ORDER :
1. Notice of Motion No.1678 of 2018 is made absolute in terms
of prayer clause (a).
2. Defendant is directed to pay the cost of Rs. 5,000/ to the
plaintiff on or before next date.
3. If the defendant failed to crossexamine the plaintiff on
06.08.2018, the plaintiff shall be at liberty to argue the
matter on the same day.
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.”
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: 3 : Notice of Motion No.1678 of 2018
On 07.07.2018 at 3.12 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
06.07.2018
JUDGMENT/ORDER signed by P.O. on 06.07.2018
JUDGMENT/ORDER uploaded on 07.07.2018
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