Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1889-18 in Suit No. 2550-15
CNR NO.MHCC0100617318
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1889 OF 2018
IN
L.C. SUIT NO. 2550 OF 2015
M/s. Grihrachana Realtors Pvt. Ltd. ......Plaintiff
Versus
1. Colombo Hair Cutting Saloon & Ors. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 05th October, 2019.
Appearance:
Ld. Adv. Mr.A.M. Sarogi for plaintiff.
Ld. Adv. Ms. Meena Dhuri for defendant/MCGM.
Ld. Adv. Mr. P.P. Raje for defendant Nos. 1 and 2.
ORDER
1. The plaintiff by this notice of motion seeks to recall the order
passed on Chamber Summons No. 421/2016. The defendant no. 1
contended that he was not heard and order on Chamber Summons No.
421/2016 was passed.
2. Heard Learned Advocate for the plaintiff, Learned Advocate for
defendant Nos. 1 and 2 and Learned Advocate for defendant
corporation.
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2 NM 1889-18 in Suit No. 2550-15
3. It needs to be noted that the plaintiff had brought on record the
facts which had taken place during the pendency of the suit. It is the
contention of the plaintiff that he was not heard. The defendant no. 1
in the present notice of motion has not contended the prejudice caused
to him. Moreover, the defendant No. 1 will get an opportunity to
defend the amendment made in the plaint by his additional written
statement.
4. Considering the fact that the defendant No. 1 had failed to show
the prejudice caused by order on Chamber Summons No. 421/2016. It
The notice of motion, therefore, cannot be entertained and deserves to
be dismissed.
In the result, following order is passed.
ORDER
The Notice of Motion No. 1889/2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 05.10.2019 City Civil Court, Mumbai.
Dictated & directly typed on dies computer on : 05.10.2019
Checked by HHJ on : 05.10.2019
Signed by HHJ on : 05.10.2019
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3 NM 1889-18 in Suit No. 2550-15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.10.2019 at 5.15 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
05.10.2019
JUDGMENT/ORDER signed by
P.O. on
05.10.2019
JUDGMENT/ORDER uploaded
on
07.10.2019
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