Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No. 3542/2019 in Suit No. 4152/2007
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 3542 OF 2019
(CNR NO.MHCC010096372019)
IN
L.C. SUIT NO. 4152 OF 2007
M/s. Pratima Builders ]..Applicant.
1 Dadar Pratima CoOperative ]
Housing Society Limited & other ].. Plaintiffs.
V/s.
1 M/s. Pratima Builders ]
and 21 others ]..Defendants.
Advocate Mr. Kharwa for the plaintiff.
Ms. Yashwita Apte for defendant no.1.
Advocate Ms. Mangal Kadam for defendant nos.13 and 14.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.12)
DATE : 25th SEPTEMBER, 2019
ORAL ORDER
This Notice of Motion has been taken out by defendant
no.1 for setting aside Order dated 03.05.2019, whereby the right of
defendants to crossexamine PW2 has been forfeited.
2 In support of notice of motion, defendant no.1 has filed
affidavit of its Proprietor Pratima Dilip Sawant, in which she has stated
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2 N/M No. 3542/2019 in Suit No. 4152/2007
that on 13.05.2019, her advocate could not remain present, as he was
heldup in another Court and she could not remain present due to viral
fever. The reason stated for nonappearance of defendant no.1 is
sufficient reason. Thus, prayed for allowing notice of motion.
3 Heard the learned advocate for defendant no.1 and the
learned advocate for the plaintiff.
4 It appears that the plaintiff's witness has already cross
examined by defendant no.1. Thereafter, the plaintiff's witness no.1 has
filed further affidavit of examination in chief. Thereafter, only
defendant no.1 wants to crossexamine further the witness.
5 Then, in view of above said facts, in order to give sufficient
opportunity to defendant no.1 and to decide real controversial issues
involved in the suit on merits, it is just and proper to allow this Notice
of Motion. With this, I proceed to pass the following order:
ORDER
Notice of Motion No. 3452 of 2019 is made absolute in terms of
prayer clause (a) and (b), subject to the payment of costs of Rs.1,500/
(Rupees One Thousand Five Hundred Only) payable by defendant no.1
to the plaintiff on or before next date.
2 On payment of costs, defendant no.1 is hereby permitted to
conduct further crossexamination of witness (plaintiff no.2) of the
plaintiff.
3 The plaintiffs are directed to secure presence of witness (plaintiff
no.2) on the next date without fail.
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3 N/M No. 3542/2019 in Suit No. 4152/2007
4 Notice of Motion No. 3452 of 2019 stands disposed of
accordingly.
(S. P. PONKSHE)
Judge,
Date: 25/09/2019. City Civil Court,
Gr. Bombay.
Dictated on : 25/09/2019
Transcribed on : 25/09/2019
Signed on : 26/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/09/2019 At 12.05 p.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
25.09.2019
Judgment/Order signed by P.O. on 26.09.2019
Judgment/Order uploaded on 27.09.2019
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