Final Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 NM No.2280/18 in Su.4455/2013
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010073592018
NOTICE OF MOTION NO.2280/2018
IN
SUIT NO.4455 OF 2013
Kuniyur Janardhanan Srinivasan ...Plaintiff
V/s.
Kevin John Thompson & Ors. ...Defendants
Adv. Sahani for plaintiff.
Adv. Sanika Gokhale I/b Cyril Mangaldas for defendant no.3.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 2.3.2019.
ORDER
(Dictated in open court)
By this notice of motion, the plaintiff is praying to set aside order
dated 28.3.2018, whereby the evidence of plaintiff is closed. The
defendant no.3 has filed reply to the motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is submitted in the affidavit filed in support of notice of
motion that the plaintiff could not comply the order dated 18.1.2018 as
he was out of station hence, neither he filed evidence nor he paid the
cost. However, as per Roznama dtd. 2.5.2018, Adv. For plaintiff
produced letter issued to other side for praying cost by cheque.
4. The Ld. Counsel for defendant no.3 has opposed the motion by
urging that the affidavit itself is frivolous, vexatious and untenable.
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5. In the Roznama dated 28.3.2018 this Court has observed that
despite grant of more than two month's time, the plaintiff has neither
filed evidence nor paid the cost. Therefore, this Court closed the
evidence of plaintiff. It is submitted by the Ld. Counsel for plaintiff
that similar matter is pending before Hon'ble High Court and
application for clubbing both the matters is pending which was filed on
27.3.2018. It is true that plaintiff was granted sufficient time to file his
evidence. However, considering the reason given in the affidavit filed
by plaintiff and the application pending before the Hon'ble High Court
for clubbing the matters, notice of motion deserves to be allowed.
However, plaintiff is liable to compensate the defendant by paying
further costs. Hence, following order.
ORDER
The Notice of motion no.2280/2018 is made absolute in
terms of prayer clause (a) subject to payment of cost of
Rs.3,000/ to defendant no.3 within two weeks.
(G.R. Agrawal)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 2.3.2019
Transcribed on : 4.3.2019
Signed on : 5.3.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
5.3.2019 at 10.45 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
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Date of Pronouncement of
JUDGMENT/ORDER
2.3.2019
JUDGMENT/ORDER signed by
P.O. on
5.3.2019
JUDGMENT/ORDER uploaded
on
5.3.2019
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