Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2252-18 in Suit No. 3040-08
CNR NO.MHCC01 00768319
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2252 OF 2018
IN
L.C. SUIT NO. 3040 OF 2008
Majid Ahmed Oomerbhoy (since deceased)
1 (a) Nargis Majid Oomerbhoy & Ors. ....Plaintiffs
V/s.
The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 07th August, 2019
Appearance:
Ld. Adv. Ms. Kanchan Pandhare for the plaintiff.
Ld. Adv. Smt. Smita Tondwalkar for defendant/MCGM.
Ld. Adv. Mahamuni for defendant nos. 2 & 3.
ORDER
1. The present notice of motion is moved by the plaintiff to issue the
show cause of notice to the defendant as to why the judgment should
not be pronounced, why decree should not be drawn against the
defendant no. 1 and as to why the necessary relief should not be
granted to the plaintiff.
2. Heard Learned Advocate for the plaintiff, Learned Advocate for
the defendant corporation and defendant nos. 2 & 3.
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2 NM 2252-18 in Suit No. 3040-08
3. There is no provision of law to issue the show cause of notice, as
prayed for. If, the defendant corporation had not filed their written
statement to the suit, its consequences would flow. 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. 2252/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 07.08.2019 City Civil Court, Mumbai.
Dictated on : 07.08.2019
Transcribed on : 07.08.2019
Signed by HHJ on : 09.08.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 09.08.2019 1.58 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
07.08.2019
JUDGMENT/ORDER signed by
P.O. on
09.08.2019
JUDGMENT/ORDER uploaded
on
09.08.2019
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