Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3046-19 in Suit No. 314-10
CNR NO.MHCC0100831019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3046 OF 2019
IN
L.C. SUIT NO. 314 OF 2010
Arvind Kharagmal Lodha ......Plaintiff
Versus
Municipal Corporation of Gr. Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room No. 05)
Date : 02nd December, 2019.
Appearance:
Ld. Adv. Mr. J. J. Thakkar for plaintiff
Ld. Adv. Mrs. Tondwalkar for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks to examine the
Representative/Manager of Simla House Cooperative Housing Society
Ltd., before recording the crossexamination of defendant No. 4.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. It is contended that the letters dated 14.10.2000 (ExhD/2) and
16.10.2000 (ExhD/3) are got up and prepared documents. It is
contended that the plaintiff is not aware as to how these documents are
-- 1 of 3 --
2 NM 3046-19 in Suit No. 314-10
secured by defendant No. 4.
4. The notice of motion is opposed by the defendant No. 4.
5. It needs to be mentioned that the defendant No. 4 is under cross
examination. The documents are alleged to be tendered by defendant
No. 4. The plaintiff would get an opportunity to crossexamine the
defendant No. 4 and can well refer these documents to the defendant
no. 4 in the crossexamination. The notice of motion cannot be
entertained and deserves to be dismissed.
In the result, following order is passed.
ORDER
The Notice of Motion No. 3046/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 02.12.2019 City Civil Court, Mumbai.
Dictated on : 02.12.2019
Transcribed on : 03.12.2019
Signed by HHJ on : 07.12.2019
-- 2 of 3 --
3 NM 3046-19 in Suit No. 314-10
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.12.2019 at 2.17 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
02.12.2019
JUDGMENT/ORDER signed by
P.O. on
07.12.2019
JUDGMENT/ORDER uploaded
on
07.12.2019
-- 3 of 3 --