Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4262/19 in S.C. Suit 1812/2009
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4262 OF 2019
IN
S.C. SUIT NO. 1812 OF 2009
CNR NO. : MHCC010116712019
Tressie Mascarenhas and Ors …Plaintiffs
Versus
Jamshed Ali Syed and Ors ...Defendants
Appearance:
Ms. Geeta Sonawane, Advocate for the Plaintiff.
Mr. Wasim Khan, Advocate for the Defendant No. 1.
CORAM : SMT. S.S. NAGUR,
JUDGE, (C.R.NO.04)
DATE : 12/10/2021
ORDER
(Dictated in open Court)
1) The Notice of Motion is filed by defendant to set aside the
no cross order passed on 29.08.2019. The Notice of Motion is supported
by affidavit of defendant No. 1 stating that on that day due to some
personal difficulty the advocate could not remain present before the
court and the suit has proceeded without crossexamination. Hence
prayed to allow the notice of motion.
2) Plaintiff filed reply through Gillian Mascarenhas, Plaintiff
No. 3 and has denied the contents of Notice of motion in toto. The
reason stated is not sufficient ground to set aside the no cross order.
Hence prayed to reject the Notice of motion.
3) Heard Adv. Wasim Khan for defendant No. 1 and Adv.
Geeta Sonawane for plaintiff. Perused contents of notice of motion and
reply supported by affidavit. I have gone through the record. The issues
are framed on 21.04.2016. The plaintiff adduced evidence by filing
affidavit on 23.10.2017 at Exh.26. The documents are marked exhibit
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2 NM 4262/19 in S.C. Suit 1812/2009
on 06.07.2018. The notice of motion was filed by defendant No. 1. The
said notice of motion is decided on payment of cost of Rs. 2,000/ on
17.12.2018. On 29.08.2019 defendant were absent. Therefore no cross
order was passed. The suit is filed for simplicitor permanent injunction.
Considering the nature of dispute between the parties it will be in the
interest of justice to grant a last opportunity to defendant to defend the
suit by crossexamination of witness of plaintiff. Hence pass following
order :
ORDER
1. The notice of motion is allowed on payment of cost of Rs.
3,000/ (Rupees Three Thousand only ) to be paid to
plaintiff before next date and to proceed with the cross
examination of plaintiff.
2. Accordingly, the notice of motion is disposed of.
(SMT. S.S.NAGUR )
Judge
Dt.: 12/10/2021 City Civil Court,
Gr. Mumbai
Dictated and typed on : 12.10.2021
Pronounced on : 12.10.2021
Signed on : 13.10.2021
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3 NM 4262/19 in S.C. Suit 1812/2009
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF TYPIST
13/10/2021 2.55 p.m. Mr. Mohit M. Patange
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.04)
Date of Pronouncement of
Judgment/Order.
12/10/2021
Judgment/order signed by P.O on 13/10/2021
Judgment/order uploaded on 13/10/2021
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