Final Order 1

Order Details: Notice of Motion
Pdf Text: :1: N.M. No.4229/2019 in S.C. Suit No.4833/2010
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 4229 OF 2019
CNR NO.: MHCC010115902019
IN
S.C. SUIT NO. 4833 OF 2010
(HIGH COURT SUIT NO. 3204 OF 2010)
Akshay Ramanlal Thakker ...Plaintiff
Versus
FUTURE RETAIL LIMITED And another. ...Defendants
Appearances:
Advocate Mr. Vishal Talsania for the plaintiff.
Advocate Mr. Rajesh Patil for defendant No.1.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 21st NOVEMBER, 2019.
ORAL ORDER
Defendant has filed this application for setting aside “No Cross”
Order dated 19.10.2019 and allow him to crossexamine P.W.1.
2. Defendant has stated that on 19.10.2019, the Ld. Counsel of
defendant No.1 had gone to abroad, hence could not remain present to
conduct the cross of P.W.1. They have further stated that in advance it
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:2: N.M. No.4229/2019 in S.C. Suit No.4833/2010
was already informed to the Advocate for the plaintiff by letter about
such difficulty. Defendant has adduced copy of letter dated 17.10.2019.
3. Plaintiff has stated that witness has to come from out of town and
is an individual fighting for justice. It appears that defendant did not
inform Advocate of plaintiff well in advance about the absence of the
dates of the Suit when they are knowing that the witness has to come
from out of town. Considering such circumstances, in order to decide
case on merits and give opportunity to defendant to fight case on
merits, it will be proper to allow Notice of Motion. Therefore, for such
nondiligence, it will be proper to grant such application subject to cost.
Hence, following Order:
ORDER
1. Notice of Motion No.4229 of 2019 is allowed, subject to cost of
Rs.1000/ to be given by defendant to plaintiff.
2. Notice of Motion No.4229 of 2019 stands disposed of.
(SONALI P. AGARWAL)
Judge,
Date: 21.11.2019. City Civil Court,
Gr. Bombay.
Dictated on : 21.11.2019
Transcribed on : 21.11.2019
Signed on : 21.11.2019
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:3: N.M. No.4229/2019 in S.C. Suit No.4833/2010
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22.11.2019 At 05:09 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
21.11.2019
Judgment/Order signed by P.O. on 21.11.2019
Judgment/Order uploaded on 22.11.2019
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