Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.2182/2018 in Sum. Suit No.6971/2003
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 2182 OF 2018
CNR NO.:MHCC01-007059-2018
IN
SUMMARY SUIT NO. 6971 OF 2003
(HIGH COURT SUMMARY SUIT NO. 2598 OF 2003)
M/s. Quality Tools & Bearing Centre ...Plaintif
Versus
Saiyed Paper Mills Ltd. ...Defendant
Appearances:-
Advocate Ms. J.P. Thakkar for the Plaintif.
Advocate Mr. Sunil More for the defendant.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R. NO.14)
DATED : 7th FEBRUARY, 2020.
ORAL ORDER
This is a Notice of Motion fled by plaintif to discard
defendant’s examination-in-chief fled by way of afdavit
dated 06.02.2018.
2. Plaintif has stated that on 24.04.2015, the Order was
passed to proceed the matter without Written Statement of
defendant and thereafter plaintif lead his evidence. Plaintif
has further stated that defendant has failed to fle written
statement. Plaintif has further stated that by suppressing
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such facts defendant fled evidence afdavit and therefore, it
be discarded.
3. Defendant has contended that his written statement was
fled on 6th December, 2004 and the suit was dismissed by the
Hon’ble High Court on 21.12.2004. Considering such
contention of the defendant, it is necessary to produce
roznama of such period. Roznama is stated as under:-
Coram : D.G. Deshpande J.
Date…….22/11/2004
Called for Exparte Decree
None present.
Mr. S.M. …………………...
PC: S.O. 2 weeks.
The next roznama is of dated 06.12.2004 are as under:
Coram : D.G. Deshpande J
Date…...6/12/2004
For Ex parte
None present.
PC: S.O. to 20.12.2004
for dismissal
Such roznama clearly shows that defendant was not
present on 06.12.2004 in the Suit. Therefore, the statement of
defendant that he fled his written statement on 6.12.2004
when the matter was in the Hon’ble High Court appears to be
not correct. Hence, it appears defendant did not fle his
written statement on such date. There is nothing to show that
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:3: N.M. No.2182/2018 in Sum. Suit No.6971/2003
thereafter also defendant fled written statement at any point
of time in the entire proceeding. It is the matter of record that
no written statement order is passed against defendant on
24.04.2015. Therefore, it is establish that there is no written
statement of defendant on record. Defnitely when defendant
has not fled written statement on record denying the
allegations of plaintif, he has no right to lead evidence.
Hence, evidence of defendant has to be discarded. Hence,
Notice of Motion deserves to be allowed. Hence, following
order:-
ORDER
1. Notice of Motion No.2182 of 2018 is allowed in terms of
prayer clauses (a) and (b).
2. Notice of Motion No.2182 of 2018 stands disposed of.
(SONALI P. AGARWAL)
Judge,
Date: 07.02.2020. City Civil Court,
Gr. Bombay.
Dictated on : 07.02.2020
Transcribed on : 07.02.2020
Signed on : 07.02.2020
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:4: N.M. No.2182/2018 in Sum. Suit No.6971/2003
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.02.2020 At 12:02 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
07.02.2020
Judgment/Order signed by P.O.
on
07.02.2020
Judgment/Order uploaded on 11.02.2020
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