Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 4354 of 2019
IN
L.C.SUIT NO. 2127 OF 2012
(CNR No.MHCC01 0119902019)
Deepak Shah )...Plaintiff
V/s.
The Municipal Corporation of Gr. )
Mumbai. )...Defendant
Appearance:
Adv. Mrs. Priti Shah for plaintiff.
Adv. Ms.Vyavahare for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 26th, NOVEMBER 2019.
(C.R.No.06)
This notice of motion is taken out by the plaintiff for setting aside
the order for discarded the evidence of the plaintiff passed dated
20/07/2019. This notice of motion resisted on behalf of the defendant
Municipal Corporation by filing its reply. Read the present notice of
motion, affidavit of the plaintiff in support of the this notice of motion,
reply of the defendant Municipal Corporation. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the contentions made by the plaintiff in the present
notice of motion and reply given by the defendant Municipal
Corporation thereon, it is the contention of the plaintiff that he was
filed his evidence on 10/03/2017. The matter was posted for cross
examination on 13/06/2019, but the plaintiff was not remained present
as her advocate was absent due to her knee injury. Advocate for the
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plaintiff was remained absent for about two and half months regularly
due to her Knee injury and on 20/07/2019, this Hon'ble Court has
passed the order order and discarded the evidence of the plaintiff.
3. After hearing the arguments advanced on behalf of both the sides
at length, after perusal of the contentions of the plaintiff in this notice
of motion, it appears that the plaintiff has given reason for his
remaining absent by way of his affidavit in support of his notice of
motion. Considering the illness of the advocate for the plaintiff, the
advocate of the plaintiff was remained absent. It further appears that
there was no intention of plaintiff to prolong the matter. The plaintiff
shown his intention that he will remain present each and every date.
Considering the reasons mentioned in this notice of motion in support
of affidavit of the plaintiff, it appears that the reasons mentioned in this
notice of motion are satisfactory. Therefore, I inclined to allow this
notice of motion. Hence, I have proceed to pass following order.
O R D E R
1. Plaintiff's notice of motion no. 4354/19 is hereby allowed.
2. The order passed for discarded the affidavit of evidence of plaintiff
dated 20/07/2019, is hereby set aside.
3. Notice of motion is disposed off accordingly.
Date : 26/11/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :26/11/2019
Transcribed on : 26/11/2019
Signed by HHJ : 27/11/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
26/11/2019
Judgment/order signed by P.O on 27/11/2019
Judgment/order uploaded on 28/11/2019
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