Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3567-19 in Suit No.6126-03
CNR NO.MHCC01-9718-2019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.3567 OF 2019
IN
L.C. SUIT NO. 6126 OF 2003
Dev Darshan Cooperative Housing
Society Limited and Ors, ]..Plaintiffs
Versus
M/s Ellora Constructions Company,& Ors. ]... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 22nd November, 2019.
Appearance:
Mr. Anand Nikhal, advocate for plaintiff.
Mr. Patil, advocate for defendant.
ORDER
1. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
2. The defendant filed this notice of motion to seek recall DW1 Mr.
Bijendra Gupta as the defendant's witness for the limited purpose of
proving the documents contained in Exhibit 53. The plaintiff had
objected the notice of motion pointing out the documents cannot be
exhibited as the there merely produced.
3. It is the trite of the law that the party could be permitted to lead
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2 NM 3567-19 in Suit No.6126-03
possible evidence. The documents tendered are sought to be proved by
the filing additional evidence. An opportunity needs to be given would
be caused to the plaintiff examine the witness. In the interest of justice
the notice of motion needs to be allowed.
In result following order is passed :
ORDER
1. The Notice of Motion No. 3567/2019 is allowed.
2. The defendant corporation is permitted to lead additional
evidence to prove documents filed alongwith Exhibit 53.
3. The defendant is directed to file the affidavit in examinationin
chief by 6th December, 2019.
4. The plaintiff to be served with copy to examination in advance to
enable him to crossexamine the witness.
5. The notice of motion stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 22.11.2019 City Civil Court, Mumbai.
Dictated on : 22.11.2019
Transcribed on : 22.11.2019
Signed by HHJ on : 02.12.2019
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3 NM 3567-19 in Suit No.6126-03
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 02.12.2019 at 05.30 p.m.
NAME OF STENOGRAPHER : Mr. G.R.Suryawanshi
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
22.11.2019
JUDGMENT/ORDER signed by
P.O. on
02.12.2019
JUDGMENT/ORDER uploaded
on
02.12.2019
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