Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.3279/19 ..1.. Suit No.3855/13
CNR No.MHCC010074712019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3279 OF 2019
IN
SUIT NO.3855 OF 2013
1. Mr. Pratap N. Shah & 2 Ors .. Plaintiff
Versus
Municipal Corporation of Greater Mumbai. .. Defendant
Mrs. Narvekar h/f Ashok Sarogi, Advocate for plaintiff
Mrs. Hajare, Advocate for defendant/Corporation
CORAM : HIS HONOUR JUDGE
SHRI. U. J. MORE
(COURT ROOM NO.08)
DATE : 09th January, 2020
: ORDER :
1. This notice of motion filed by the defendant for setting aside
no cross order passed against PW1 on 09.07.2019.
2. On the otherside the Defendant/Corporation file say to the
Notice of Motion. The defendant/corporation stated that, the plaintiff
has not given any bonafide reason for setting aside "No cross order"
Hence, Notice of Motion may be rejected with cost.
3. Heard Ld. Advocates for both the sides.
4. The rozanama revels that on 09.07.2019 last chance was
granted to the plaintiff twice to bring PW1 for cross examination.
Despite that PW1 is absent. Hence "No cross examination" order is
-- 1 of 3 --
NM No.3279/19 ..2.. Suit No.3855/13
passed against PW1 due to his absence. The plaintiffs advocate filed
this Notice of Motion on 24.09.2019. 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 plaintiff side for cross examination. Hence, I proceed
to pass following order.
: ORDER :
1. Notice of Motion No.3279 of 2019 is allowed subject to cost
of Rs.500 (Rs. Five Hundred only) by plaintiff be paid to
D.L.S.A. on or before next date.
2. Plaintiff is directed to remain present on next date for cross
examine by the defendant that too by payment of cost.
(Pronounced in Open Court)
(U.J.More)
AdHoc Judge
City Civil & Sessions Court,
Date :09/01/2020 Gr. Bombay
1. Dictated on : 09/01/2020
2. Transcribed on : 09/01/2020
3. HHJ signed on : 09/01/2020
-- 2 of 3 --
NM No.3279/19 ..3.. Suit No.3855/13
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.01.2020, 12.45 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.08
Date of Pronouncement of
JUDGMENT/ORDER
09.01.2020
JUDGMENT/ORDER signed by P.O.
on
09.01.2020
JUDGMENT/ORDER uploaded on 10.01.2020
-- 3 of 3 --