Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.2718/19 ..1.. Suit No.4240/12
CNR No.MHCC010074712019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.2718 OF 2019
IN
SUIT NO.4240 OF 2012
CENTRAL BANK OF INDIA .. Plaintiff
Versus
DYANESHWAR DEVCHANDRA MORU
& ANR. .. Defendant
Ms. Shweta Raunak, Advocate for plaintiff
Mr. Prakash Jain, Advocate for defendant No. 1
CORAM : HER HONOUR JUDGE
SMT. U. J. MORE
(COURT ROOM NO.31)
DATE : 27th November, 2019
: ORDER :
1. This notice of motion filed by the defendant for setting aside
no cross order passed against defendant on 09.04.2019.
2. On the otherside the plaintiff file say to the notice of motion.
The plaintiff stated that, notice of motion is not reasonable, it was
intentionally delay by the defendant and the notice of motion be
rejected.
3. Heard Ld. Advocates for both the sides.
4. Suit is filed for recovery of money by plaintiff bank against
the defendant. The rozanama revels that on 20.04.2019 the plaintiff
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NM No.2718/19 ..2.. Suit No.4240/12
advocate serve a copy of evidence of examination in chief on
21.06.2019 defendant alongwith advocate appear and found that no
cross order was passed on 09.04.2019. He filed this notice of motion on
16.07.2019 there is certain delay in spite of acknowledgement about no
cross order passed by Ld. Predecessor. Therefore this application
deserves to be allowed subject to cost. If the application is not allowed.
It would be a injustice to otherside, and to decide the suit on merit. A
fair chance should give to the defendant side for cross examination.
Hence, I proceed to pass following order.
: ORDER :
1. Notice of Motion No.2718 of 2019 is allowed subject to cost
of Rs.3000 (Rs. Three Thousand only) by defendant be paid
plaintiff on or before next date.
2. Defendant is directed to cross examine the plaintiff on next
date and that too by payment of cost.
(Pronounced in Open Court)
(U.J.More)
AdHoc Judge
City Civil & Sessions Court,
Date :27/11/2019 Gr. Bombay
1. Dictated on : 27/11/2019
2. Transcribed on : 27/11/2019
3. HHJ signed on : 28/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.11.2019, 11.00 a.m. Mr.G.R.Suryawanshi
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri.U.J. More
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
27.11.2019
JUDGMENT/ORDER signed by P.O.
on
28.11.2019
JUDGMENT/ORDER uploaded on 29.11.2019
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