Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1270/23 in S.C.Suit No. 2831/19. 1 Order.
MHCC010035832023
Presented on : 31-03-2023
Registered on : 31-03-2023
Decided on : 24-04-2023
Duration : 0 years, 0 months, 24 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1270 OF 2023
IN
S. C. SUIT NO. 2831 OF 2019
Mr. Manohar Tukaram Halde )...Plaintiff
Versus
Janata Seva Mandal and others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 24th APRIL, 2023.
Shri Rajgopal C. Swami, Advocate for all defendants.
Shri S.S.Redekar, Advocate for the plaintiff.
ORDER
1. Defendant no.7 has taken out the notice of motion for
setting aside the order dated 01/03/2023. Perused notice of motion and
say given at the backside of it by learned counsel Shri S.S.Redekar for
the plaintiff. Heard learned counsel Shri Rajgopal Swami for all
defendants and learned counsel Shri S.S.Redekar for the plaintiff.
2. On perusal of the record, it appears that this Court had
closed evidence of the defendants and fixed the matter for final
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N/m No. 1270/23 in S.C.Suit No. 2831/19. 2 Order.
arguments as per order dated 14/02/2023. Now, the defendants want
to lead evidence and therefore, they approached the Court with present
notice of motion. The defendants have also placed on record evidence
affidavit of DW 1 Sunil (Exh.17) and list of documents (Exh.18).
Considering the desire of the defendants to contest the matter, one
opportunity can be given to them. Accordingly, order closing evidence
of the defendants and fixing the matter for final arguments is liable to
be set aside. The defendants have inadvertently mentioned the date of
order as '01/03/2023' instead of '14/02/2023'. Operative order is
required to be passed in consonance with position of the record. Hence,
I pass the following order :
ORDER
1. Notice of Motion No. 1270/2023 is made absolute in terms
of prayer clause (a) with modification as to date of order as
'14/02/2023'.
2. Order dated 14/02/2023 closing evidence of the
defendants and fixing the matter for final arguments is set
aside.
3. Proceeding of N/m No. 1270/2023 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 24/04/2023. Mumbai.
1. Dictated on : 24/04/2023.
2. Transcribed on : 24/04/2023.
3. Checked and Signed on : 24/04/2023.
4. Delivered to Certified :
Copy Section on
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N/m No. 1270/23 in S.C.Suit No. 2831/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/04/2023. 11.07 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 24/04/2023.
Judgment/Order signed by P.O. on 24/04/2023.
Judgment/Order uploaded on 25/04/2023.
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