Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010121892019
CNR NO. MHCC010121892019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.4442 OF 2019
IN
SUMMARY SUIT NO.3202 OF 2009
Mafatlal Industries Limited ]… Plaintiff.
V/s.
Sameer Chavan ]... Defendant.
Appearances :-
Ld. Adv. Pirani for plaintiff.
Ld.Adv. Sapra for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 9th February, 2022
ORAL ORDER
1. The present Notice of Motion is taken out by the defendant
for framing additional issues on behalf of the defendants.
2. It was submitted by the defendant that the present
Summary Suit is filed by the plaintiff against the defendant for recovery
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of the alleged outstanding amount towards the alleged transaction of
sale of goods. After hearing Summons for Judgment, an unconditional
leave was granted to the defendant to defend the suit. Both the parties
tendered their draft issues. On 28.06.2019 the issues were framed but
the said issues does not cover the material proposition of disputed facts
of defendant. The proposed issues are necessary and important for
defendant to prove his pleading in written statement. If the proposed
issues are not framed, it will cause prejudice and injustice to defendant
and therefore the additional issues regarding the purchase order, part
payment and alleged acknowledgment of liability by defendant is
required to be framed.
3. The plaintiff opposed the Notice of Motion.
4. Heard the Learned Advocate for plaintiff and defendant.
The Learned Advocate for plaintiff and defendant filed written
arguments. Perused the issues framed on 28.06.2019. The plaintiff
filed the present suit for recovery of the amount for the goods sold and
supplied to the defendant. The defendant in his written statement
denied the claim of the plaintiff. The issues framed by the Learned
Predecessor shows that the material issues are framed. The issue of
purchase order and acknowledgement allegedly given by the defendant
are inclusive in the issues framed. The suit can not be decided either
way and the issues already framed are sufficient to decide the claim of
plaintiff. It does not appear that the defendant will suffer any prejudice
if the proposed issues are not framed. The issues framed are inclusive
of all the contention raised by the plaintiff and defendant and therefore
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there seems no necessity to frame additional issues as proposed by the
defendant. I, therefore proceed to pass the following order:
ORDER
1. The Notice of Motion No.4442 of 2019 is dismissed.
2. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 09-02-2022 City Civil Court, Gr. MUMBAI
Dictated on : 09-02-2022
Transcribed on : 09-02-2022
checked on : 09-02-2022
Signed on : 09-02-2022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.02.2022 at 11.47 a.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
09.02.2022
Judgment/order signed by P.O. on 09.02.2022
Judgment/order uploaded on 10.02.2022
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