Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2496/19 in Suit No. 639/14. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 2496 OF 2019
(CNR NO. MHCC010068222019)
IN
SUIT NO. 639 OF 2014
(CNR NO. MHCC010090682013)
Gilbert Peter Gomes ...Plaintiff
Versus
The Municipal Commissioner and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 10th DECEMBER, 2019.
Mr. D'Souza, Advocate for Plaintiff.
Ms. Mhatre, Advocate for Defendant MCGM.
ORDER
This is a motion taken out by defendants 1 and 2 to set
aside the order of no written statement dated 19/11/2015.
2. Ld. advocate Mhatre for defendant MCGM submits that
defendant has appointed a counsel, however he has returned the brief
when it is noticed that written statement is not filed by him. It is
requested to accept the written statement filed by defendant.
3. Ld. advocate D'Souza for plaintiff submits that plaintiff is a
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N/m No. 2496/19 in Suit No. 639/14. 2 Order.
senior citizen. It is requested to peruse roznama wherein for numerous
dates it was adjourned for filing written statement. It is claimed to
reject the motion, in the alternative prayed for heavy cost.
4. As mentioned above, then counsel engaged by defendants
has returned the brief to MCGM. For the fault of particular lawyer,
public institute shall not remain undefeated and suit be decide without
hearing on merit. Considering all facts in total, impugned order dated
19/11/2015 is set aside subject to cost of Rs.1,500/. Hence the order :
ORDER
1. Notice of Motion No. 2496/2019 is allowed.
2. Defendant MCGM to pay the cost of Rs.1,500/ (Rupees
One Thousand Five Hundred Only) within 40 days to the
plaintiff.
3. W.S. filed by defendant be accepted and marked as Exh.3,
copy is supplied to plaintiff.
4. N/m No. 2496/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/12/2019. Mumbai.
1. Dictated on : 10/12/2019.
2. Transcribed on : 11/12/2019.
3. Signed on : 11/12/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 2496/19 in Suit No. 639/14. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/12/2019. 5.33 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 10/12/2019.
Judgment/Order signed by P.O. on 11/12/2019.
Judgment/Order uploaded on 11/12/2019.
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