Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3330-19 in S.C.Suit No. 1163-2017
1 Date : 21.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3330 OF 2019
IN
S.C. SUIT NO. 1163 OF 2017
(CNR NO.MHCC010090712019 )
Mrs. Malati Harishchandra Sawant .. Plaintiff
Versus
Mr. Ghanshyam Harishchandra Sawant & Anr. .. Defendants
Appearances :
Adv. Uttam Chavan @ Nilesh Ware for plaintiff present.
Adv.Ajay Nuniwal for defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 21.11.2019
ORDER
1. The defendants have filed instant Notice of Motion for
rejection of plaint on the ground that the plaintiff in the instant
suit prayed for decree of Rs. 5,79,305/. However, the aforesaid
amount is already paid by them. Hence, there is no substance in
the suit and same needs to be rejected in the interest of justice.
2. The Notice of Motion is opposed by the plaintiff by filing
reply. Heard both the sides. Perused Notice of Motion and reply.
The defendant nowhere in the Notice of Motion has mentioned the
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NM 3330-19 in S.C.Suit No. 1163-2017
2 Date : 21.11.2019
provisions under which they are seeking for dismissal of the suit.
It gathered from the pleadings of the Notice of Motion and from
the argument of the advocate that the defendants seeking
dismissal of the suit / rejection of the plaint under Order 7 Rule 11
as no cause of action arose for plaintiff to file the instant suit.
3. The defendant contended that they have already made
payment of Rs. 5,89,305/. Hence, there is no cause of action to
file the suit. The plaintiff disputed the aforesaid amount, hence, in
my view, the aforesaid issue is triable issue which could not be
decided at preliminary stage. Therefore, Notice of Motion needs to
be dismissed. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 3330 of 2019 is hereby dismissed.
3. Notice of Motion No. 3330 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 21.11.2019 Greater Bombay.
Dictated on : 21.11.2019
Typed on : 21.11.2019
Draft Submitted on : 21.11.2019
Checked on : 22.11.2019
Signed on : 22.11.2019
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NM 3330-19 in S.C.Suit No. 1163-2017
3 Date : 21.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22/11/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
21/11/2019
JUDGMENT/ORDER signed by P.O.
on
22/11/2019
JUDGMENT/ORDER uploaded on 22/11/2019
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