Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010111032019
CNR NO. MHCC010111032019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4031 OF 2019
IN
S.C. SUIT NO.7457 OF 2004
(HIGH COURT SUIT NO.2964 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
-- 1 of 4 --
2 NM 4031/19 in
S. C. Suit 7457/04
ORAL ORDER
1. The Present motion is taken out by plaintiff for permission
to lead evidence. It was submitted that the plaintff filed the evidence of
witnesses. Thereafter the further witnesses who were working on
another project were later on available. Therefore 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. 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
-- 2 of 4 --
3 NM 4031/19 in
S. C. Suit 7457/04
ORDER
1. The Notice of Motion No.4031 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
-- 3 of 4 --
4 NM 4031/19 in
S. C. Suit 7457/04
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.03.2022 at 05.15 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
-- 4 of 4 --