Order 1

Order Details: Other
Pdf Text: Unregistered NM in S.C. Suit no. 2734-19
1 Date : 15.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
UNREGISTERED NOTICE OF MOTION ______ OF 2019
IN
S.C. SUIT NO. 2734 OF 2019
Pravin D. Khatau .. Plaintiff
Versus
Nilesh Modi & Anr. .. Defendants
Appearances :
Ld. Adv. Mr. Dalal for plaintiff present.
Ld. Adv. Mr. Gandhi for Defendant no. 1 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 15.11.2019
ORDER
1. The plaintiff has filed unregistered Notice of Motion seeking
following reliefs :
(a) That pending the hearing and final disposal of the suit;
i. Defendant no. 1 be directed to forthwith
handover the diamond ring which is presently in
custody of defendant no. 1 as an Escrow Agent to
the plaintiff on such undertaking or on such
terms as the Hon’ble Court may deem fit and
proper.
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Unregistered NM in S.C. Suit no. 2734-19
2 Date : 15.11.2019
ii. In the alternative prayer clause (a)(i), defendant
no. 1 be restrained by a temporary order and
injunction from in any manner whatsoever,
handing over the diamond ring, which is
presently in his custody, to defendant no. 2 or
any third person and / or from doing any acts
prejudicial to the interest of the plaintiff.
(b) Adinterim relief in terms of prayer clause (a)(i) and (a)
(ii) be granted.
(c) For costs of the Notice of Motion be provided for.
(d) Such other and further reliefs as this Hon’ble Court may
deem fit and proper, be granted.
2. It is contended by the plaintiff that by way of Escrow
Agreement, the ornaments were kept with solicitor i.e. defendant
no. 1. Out of the other ornaments, one diamond ring is still lying
with the Solicitor. He has apprehension that defendant no. 1 will
part with the said diamond ring and handover to the defendant
no. 2.
3. It is contended by the plaintiff that he has served both the
defendants. In pursuance of the same, Ld. Advocate Mr. Gandhi
appeared for the defendant no. 1. The plaintiff filed Affidavit of
Service alongwith the intimation of the present precipe. Looking
to the dispute between the parties, I proceed to pass the following
interim order :
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Unregistered NM in S.C. Suit no. 2734-19
3 Date : 15.11.2019
ORDER
1. Adinterim prayer granted in terms of prayer clause a (ii) till
the decision of the Notice of Motion.
2. Plaintiff to register the Notice of Motion.
3. Parties to act on steno copy.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 15.11.2019 Greater Bombay.
Dictated on : 15.11.2019
Typed on : 15.11.2019
Draft Submitted on : 15.11.2019
Checked on : 16.11.2019
Signed on : 16.11.2019
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Unregistered NM in S.C. Suit no. 2734-19
4 Date : 15.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18/11/2019 at 12.00 noon. (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
15/11/2019
JUDGMENT/ORDER signed by P.O.
on
16/11/2019
JUDGMENT/ORDER uploaded on 18/11/2019
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