Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.2254 of 2018
CNR No.MHCC010072732018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2254 OF 2018
IN
SUIT NO.6510 OF 2003
The Board of Trustees of Jawaharlal
Nehru Port Trust .. Plaintiff.
Versus
M/s. Vilas Transport Co. .. Defendant
Appearance :
Ld. Advocate Prem for plaintiff.
Ld. Advocate Sawant for defendant.
CORAM: SMT. S.S. NAGUR,
ADHOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R. No. 13).
DATE : 7th January, 2019.
: ORDER :
This Notice of Motion is filed by defendant to recall the
witness for crossexamination on the ground that no “No cross” order is
passed on 05.04.2018. The notice of motion is supported by an affidavit
of Dilip Mohite, wherein he stated on oath that on 05.04.2018 Advocate
Sawant told him to attend the court, keep back the matter as he will
busy in other matter. He could not remain present in the morning
session. The message was also sent to the advocate for plaintiff to keep
back the matter. However the Hon'ble court was pleased to pass “No
cross” order. In the afternoon Advocate Sawant for defendant present
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: 2 : Notice of Motion No.2254 of 2018
and request to court to recall “No cross” order. Hence, this notice of
motion.
2. Plaintiff filed their affidavit in reply to the notice of motion at
Exh. 29 and objected on the ground that the evidence of the plaintiff's
witness was filed and the original documents relied on 21.11.2017 and
07.12.2017 defendant filed the say on document. The defendant
remained absent on 08.01.2018, 07.02.2018 and 07.03.2018. On
07.03.2018 the documents were exhibited and matter was fixed for
crossexamination on 05.04.2018. The defendant remain absent. Matter
was kept back at 1.15 p.m. Thereafter nobody was present. Hence “No
cross” order was passed. On 05.04.2018 matter was called twice. But
defendant neglected to cross the plaintiff witness. Hence, prayed to
reject the notice of motion.
Heard adv. Sawant for deft. and Adv. Prem for pltf. Perused
Notice of Motion and gone through the record.
3. The evidence affidavit of plaintiff witness Gitaram Bapu More
is filed at Exh. 10. The roznama shows that the witness of plaintiff was
present on 05.04.2018 and case kept back at 1.15 p.m. The defendant
failed to appear. Hence, “No cross” order was passed. It was also shows
that L.O. advocate Sawant for defendant present and requested to set
aside “No cross” order. He was directed to take necessary steps. The suit
is for recovery of Rs. 32,10,691/ from the defendant. Considering the
nature of the suit and the above facts in the interest of justice an
opportunity is to be given to the defendant to crossexamine the witness
of plaintiff. Plaintiff can be compensated with costs. Hence, pass the
following order.
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: 3 : Notice of Motion No.2254 of 2018
: ORDER :
1. Notice of Motion No. 2254 of 2018 is allowed.
2. “No cross” order dated 05.04.2018 is setaside on payment of
costs of Rs. 1000/ to be paid on or before the next date.
3. Witness of plaintiff to remain present on next date for cross
examination.
( S.S. NAGUR )
AdHoc & Asst. Sessions Judge
City Civil Court,
Date : 07.01.2019. Gr. Bombay.
Dictated on : 07.01.2019
Transcribed on : 07.01.2019
Signed on : 07.01.2019
It is brought to my knowledge that there is typographical error of the
Adv. mentioned in the title of the order and the sentence that Heard
Adv. for pltf. and deft. though stated in the dictation but remained to be
typed. Hence the same is corrected u/s. 152 of C.P.C.
Dated : 7.1.19.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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: 4 : Notice of Motion No.2254 of 2018
On 08.01.2019 at 5.00 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. S.S. NAGUR
C.R.No.13
Date of Pronouncement of
JUDGMENT/ORDER
07.01.2019
JUDGMENT/ORDER signed by P.O. on 07.01.2019
JUDGMENT/ORDER uploaded on 08.01.2019
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