Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.196718 in SU No.357409
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.1967 OF 2018
(CNR No.MHCC010064742018)
IN
SUIT NO.3574 OF 2009.
(CNR No.MHCC010037652009
Mr. Esoofi Shoeb Contractor }...PLAINTIFF.
Versus
The State of Maharashtra and Ors. }...DEFENDANTS.
Smt.Pushpa Thapa, learned advocate for the plaintiff.
Shri.P.G.Lad learned advocate for defendant Nos.2 & 3.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 12/02/2019)
1. This Notice of Motion is taken out by defendant Nos.2 & 3
for setting aside order dtd.11/04/2018 passed about closing of cross
examination of PW1 on behalf of defendant Nos.2 & 3. Read the
affidavit filed in support and reply filed by the plaintiff. Perused the
entire record.
2 At the first instance, it would be apposite to mention here
that as per the order passed earlier today, Notice of Motion
No.1968/2018 filed by defendant Nos.2 & 3 for seeking relief of
condonation of delay in filing Written Statement has been allowed by
this court subject to cost of Rs.10,000/. If the said order is complied
with by defendant Nos.2 & 3 then, it is obvious that this court will have
to frame Issues/additional Issues as defendant Nos.2 & 3 will file their
Written Statement & thereafter, plaintiff will get opportunity to either
file additional affidavit of examinationinchief or to continue with the
same affidavit of examinationinchief filed in the matter earlier. Since
the prayer made by defendant Nos.2 & 3 seeking codonation of delay in
filing Written Statement has been accepted earlier today, it is necessary
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2 NM No.196718 in SU No.357409
to give opportunity to those defendants to crossexamine PW1 and
hence, holding that defendant Nos.2 & 3 are entitled for the relief
claimed, I pass the following order.
O R D E R
Notice of Motion No.1967 of 2018 is allowed in terms of
prayer clause(a). However, it is made clear that defendant Nos.2
& 3 will get opportunity to crossexamine PW1 only if they file
written statement by depositing the costs as per the order passed
earlier today in Notice of Motion No.1968/2018.
In case of failure of defendant Nos.2 & 3 to comply with
the order passed in Notice of Motion No.1968/2018, this Notice
of Motion shall also be deemed to have been rejected.
Date:12/02/2019. (P. P. RAJVAIDYA)
Dictated on : 12/02/2019. Judge, C.R.No.12,
Transcribed on : 12/02/2019. City Civil Court,
Checked on : 14/02/2019. Gr. Bombay.
Signed on : 14/02/2019.
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3 NM No.196718 in SU No.357409
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14/02/2019 at 12.30 p.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 12/02/2019.
Order signed by P.O. on 14/02/2019.
Order uploaded on 14/02/2019.
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