Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No.4180 OF 2019
CNR: MHCC01-011460-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4180 OF 2019
IN
SUIT NO.6900 OF 2005
1 Mr. Vikas R. Oberoi & Anr. .. Applicants
In the matter of
1 Ashok shah & Anr. .. Plaintiffs
V/s.
1 Suresh Bhailal Patel & Ors. .. Defendants
Appearances :-
Mr. Sameer Bhalekar, Adv. for Plaintiffs.
Ms. Gayatri Kapse, Adv. for defendant Nos.2 and 3.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 10th February, 2021.
ORDER
1 This Notice of Motion is moved by the defendant Nos.2
and 3 with a request to set aside the order of ‘no cross’ passed
against them on 9th October 2019.
2 Perused the Notice of Motion. Heard both the sides.
3 As per Notice of Motion, PW-1 plaintiff is under cross
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examination. It is also mentioned in the Notice of Motion that
defendant Nos.2 and 3 are contesting the matter promptly by filing
the written statement. Matter was adjourned as sometimes
witness was absent and sometimes on the request of the advocate.
On 9th October 2019, advocate for defendant Nos.2 and 3 was
present and requested adjournment, however, Court rejected the
adjournment and passed the order of ‘no cross’. It is prayed to set
aside the order of ‘no cross’ and defendant Nos.2 and 3 be
permitted to cross examine the PW-1.
4 Learned Adv. Sameer Bhalekar for the plaintiffs
opposed the Notice of Motion. He submitted to pass suitable
order.
5 After hearing both the sides, it appears from the
roznama that on 6th August 2019, advocate for the plaintiffs
requested for adjournment as the plaintiff was out of India.
Thereafter, on the next date i.e. on 9th October 2019, order ‘no
cross’ is passed. Considering the nature of proceedings, to give a
fair opportunity to contest the matter on merit, I am inclined to
allow the Notice of Motion and pass following order.
ORDER
1 Notice of Motion No.4180 of 2019 is hereby allowed.
2 Order of ‘no cross’ passed on 9th October 2019 is
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hereby set aside and defendant Nos.2 and 3 are permitted to cross
PW-1 without request of adjournment and subject to cost of
Rs.1,000/- payable to PW-1.
3 Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 10/02/2021. Greater Bombay.
Dictated on :10/02/2021.
Transcribed on :10/02/2021.
Signed on :10/02/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 11/02/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
10/02/2021.
Judgment/Order signed by P.O. on 10/02/2021.
Judgment/Order uploaded on 11/02/2021.
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