Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010111022019
CNR NO. MHCC010111022019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4032 OF 2019
IN
S.C. SUIT NO.7456 OF 2004
(HIGH COURT SUIT NO.2963 OF 2004)
M/S. NATIONAL BUILDING CONSTRUCTION
CORPORATION LTD. .. Applicant /(Orig. Defendant)
IN THE MATTER BETWEEN
M/S. NATIONAL BUILDING CONSTRUCTION
CORPORATION LTD. … Plaintiff
V/s.
ROYAL PALM INDIA PVT. LTD. ... Defendant
Appearances :
Ld. Adv. Ashok Singh for plaintiff.
None present for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 01st March, 2022
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ORAL ORDER
1. The Present motion is taken out by plaintiff for permission
to set aside the order passed in Exhibit 53 and permission to lead
evidence. It was submitted that the plaintff filed the evidence of
witnesses. However as further witnesess were not available, he closed
the evidence. Thereafter the further witnesses who were working on
another project were later on available. Therefore the evidence of
plaintiff be reopend and the plaintiff be allowed to lead further
evidence.
2. The defendant as per the roznma dated 08.03.2021 opposed the
prayer in the motion.
3. Heard learned Advocate for plaintiff. The advocate for defendant
failed to argue in spite of several chances. It seems that, the plaintiff
examined two witnesses and they were cross examined by the advocate
for defendant. The plaintiff as per pursis vide Exhibit 53 closed his
evidence. It was submitted by the plaintiff that, the further witnesses
were busy in another projects in some other states and therefore they
were not available. The plaintiff being a national corporation limited
wants to examine the further witnesses as they are the essential
witnesses and are involved in the project awarded by the defendant.
Considering the submission it seems that, it is necessary to allow the
plaintiff to establish his case. Also for the fair adjudication of the matter
on merits it would be appropriate to allow the plaintiff to lead further
evidence. The defendant is yet to file his evidence and therefore no
prejudice will cause to defendant if plaintiff is permitted to lead further
evidence. Hence I proceed to passed the following order
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ORDER
1. The Notice of Motion No.4032 of 2019 is allowed.
2. The plaintiff is permitted to adduce further evidence.
3. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 01032022 City Civil Court, Gr. MUMBAI
direct Typed on : 01032022
checked on : 01032022
Signed on : 01032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.03.2022 at 05.20 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
01.03.2022
Judgment/order signed by P.O. on 01.03.2022
Judgment/order uploaded on 01.03.2022
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