Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3277-19 in Suit No. 4257-12
CNR NO.MHCC0100892519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3277 OF 2019
IN
L.C. SUIT NO. 4257 OF 2012
M/s. Tip Top Realtors & Hotels Pvt. Ltd. …...Plaintiff
Versus
The Mumbai Municipal Corporation & Anr. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 29th November, 2019.
Appearance:
Ld. Adv. Ms. Indira Bhushan for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks to file the Additional
Affidavit of Examinationinchief. It is contended that the plaintiff had
come to knowledge of certain documents referred in the Affidavit to the
notice of motion i.e. R.T.I. application, two letters from the M.B.R. & R.
Board, copy of plan. It is submitted that the plaintiff be permitted to
file additional evidence in form of additional affidavit.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The notice of motion is objected by the defendant corporation. It
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2 NM 3277-19 in Suit No. 4257-12
is submitted that the notice of motion is without just ground, need not
be entertained and deserves to be dismissed.
4. The crossexamination of the plaintiff is yet to begin. The
defendant corporation would get an opportunity to crossexamine the
plaintiff in respect of additional documents. No prejudice would be
caused to the defendant corporation. The parties is expected to lead
best possible evidence of substantiate the contentions raised in the suit.
In the interest of justice, following order is passed.
ORDER
1. The Notice of Motion No. 3277/2019 is allowed.
2. The plaintiff is permitted to file Additional AffidavitExamination
inchief.
3. The Notice of Motion stands disposed off accordingly.
(Sanjay N. Yadav)
Judge,
Date : 29.11.2019 City Civil Court, Mumbai.
Dictated on : 29.11.2019
Transcribed on : 30.11.2019
Signed by HHJ on : 05.12.2019
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3 NM 3277-19 in Suit No. 4257-12
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.12.2019 5.35 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
29.11.2019
JUDGMENT/ORDER signed by
P.O. on
05.12.2019
JUDGMENT/ORDER uploaded
on
05.12.2019
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