Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3013-19 in Suit No. 673-17
CNR NO.MHCC01 00823619
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3013 OF 2019
IN
L.C. SUIT NO. 673 OF 2017
Jayesh Hasmukh Shah ....Plaintiff
V/s.
The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 18th November, 2019
Appearance:
Ld. Adv. Mr. Satya M. Shettigar for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
2. The plaintiff by this notice of motion seeks permission to tender
secondary evidence. It is contended that the original notice dated
04.09.2010 is not traceable. The Advocate for the corporation had left
the orders of the discretion of the court as the original is not traceable.
There is no impediment to permit the plaintiff to lead secondary
evidence. It also needs to be mentioned that the notice is issued by the
corporation and it cannot dispute. The plaintiff is permitted to lead
secondary evidence.
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2 NM 3013-19 in Suit No. 673-17
In the result, following order is passed.
ORDER
1. The Notice of Motion No. 3013 of 2019 is allowed.
2. The plaintiff is permitted to lead secondary evidence in respect of
notice dated 04.09.2010.
3. The Notice of Motion No. 3013/2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 18.11.2019 City Civil Court, Mumbai.
Dictated on : 18.11.2019
Transcribed on : 18.11.2019
Signed by HHJ on : 29.11.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 29.11.2019 at 5.44 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
18.11.2019
JUDGMENT/ORDER signed by
P.O. on
29.11.2019
JUDGMENT/ORDER uploaded
on
29.11.2019
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