Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.4315-12 in SU No.1230-11
CNR NO.MHCC01-011834-19
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 4315 OF 2019
IN
L.C. SUIT NO. 1230 OF 2011
Mohammed Aslam Sharif Qureshi & Anr. …...Plaintifs
Versus
Municipal Corporation of Gr. Bombay & Ors...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 05th February, 2020.
Appearance:
Ld. Adv. Mr. Khatib for the plaintif.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. The plaintif by this notice of motion seeks injunction
restraining the defendant corporation from acting upon the
notice issued under Section 351 of the Mumbai Municipal
Corporation Act, 1888 (hereinafter referred to as 'the MMC
Act') dated 19.12.2018 and the Order dated 04.01.2019.
2. Heard Learned Advocate for the plaintif and Learned
Advocate for the defendant corporation.
3. It is contended that the cross-examination of DW No. 1
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2 NM No.4315-12 in SU No.1230-11
was recorded. The evidence of the corporation was closed. It
is submitted that it is inadvertently closed. It is contended
that the evidence of ofcer from Assessment Department is
important. It is contended that in the interest of justice, the
notice of motion be allowed.
4. The plaintif has opposed the notice of motion. It is
contended that in view of amendment Act of CPC, there is no
provisions to lead additional evidence. It is contended that
the notice of motion is bad in law and is not maintainable. The
learned Advocate prayed for rejection of the notice of motion.
5. It is trite of law that party should be given opportunity to
lead complete evidence in support of its case. No prejudice
would be caused to the plaintif, if the corporation leads
additional evidence. The plaintif will get an opportunity to
cross-examine the witness.
In order to provide fair opportunity to the defendant to
lead complete evidence, the notice of motion needs to
allowed. In the result, following order is passed.
ORDER
1. The Notice of Motion No. 4315/2019 is allowed.
2. The defendants corporation is permitted to examine the
witness.
3. The Notice of Motion stands disposed of accordingly.
(Sanjay N. Yadav)
Judge,
Date : 05.02.2020 City Civil Court, Mumbai.
Dictated on : 05.02.2020
Transcribed on : 06.02.2020
Signed by HHJ on : 13.02.2020
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3 NM No.4315-12 in SU No.1230-11
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.02.2020 at 5.41 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
05.02.2020
JUDGMENT/ORDER signed
by P.O. on
13.02.2020
JUDGMENT/ORDER
uploaded on
13.02.2020
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