Order 1

Order Details: Notice of Motion
Pdf Text: 1 DNM in Suit No.1572-2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
DRAFT NOTICE OF MOTION NO. OF
IN
SUIT NO. 1572 OF 2018
1A Mrs. Prabhu Laxman Kelshikar and Ors. ….Plaintiffs.
V/s.
Municipal Corporation of Greater Mumbai ..Defendants.
Appearances :
Adv. Pooja Narvekar for the plaintiff.
Adv. Amar Patil for defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. V. S. KHOT
(C.R.NO.06)
DATE : 10th January, 2025.
ORAL ORDER
1. Perused the notice of motion and say filed by other side.
Heard both the sides.
2. This notice of motion is taken for reopening the
examination-in-chief. The matter is posted for cross examination. But
the counsel for the plaintiff wants to exhibit 2 to 3 documents, which
are remain to be exhibited. The other side is having strong objection on
the grounds that it is a delay tactics and the notice of motion be
dismissed.
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2 DNM in Suit No.1572-2018
3. In this case, the counsel for the plaintiff wants to reopen
the examination-in-chief for exhibiting the documents. The documents
are already filed in the court. If notice of motion is allowed and chance
is offered to the plaintiff to prove the documents then no prejudice
would be occasioned to the defendant side. On the contrary, Court will
have clarity in the matter and documents would assist the Court to
arrive to the just decision. I find no hurdle in allowing the notice of
motion. As far as delay is concerned, there is no delay by the plaintiff’s
side for taking this notice of motion. I am of the view that chance is
required to be given to plaintiff to prove the documents in the interest
of justice. Hence, I am inclined to pass the following order.
O R D E R
1. Draft Notice of Motion is allowed and is hereby made absolute.
2. The case be posted for additional chief examination for proving
the documents.
2. No any order as to costs.
3. The Draft Notice of Motion stands disposed of.
4. The Draft Notice of Motion be registered for statistical purposes.
(V. S. KHOT)
Judge,
City Civil Court,
Date: 10.01.2025 Gr. Bombay.
Dictated on : 10.01.2025
Transcribed on : 10.01.2025
Signed on : 10.01.2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
14/01/2025 At 11.50 a.m. Mayuresh P. Tathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. V. S. KHOT
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
10.01.2025
Judgment/Order signed by P.O. on 14.01.2025
Judgment/Order uploaded on 14.01.2025
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