Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 4557-19 in BCC Suit no. 147-1987
1 Date : 02.12.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 4557 OF 2019
IN
SUIT NO. 147 OF 1987
(CNR NO.MHCC010124782019 )
Chandrakant Lingana Pujari & Ors. .. Plaintiffs
Versus
The Church of Our Lady of Heath Sahar & Ors. .. Defendants
Appearances :
Ld. Adv.S.W.Pradhan @ Adv.Mr.Abbas Zaidy for plaintiff
present.
Ld. Adv.Asha Bhut for defendant no.1 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 03.12.2019
ORDER
1. The defendants have filed instant Notice of Motion seeking
to set aside order dated 22.10.2019 whereby side of defendants
have been closed.
2. This Court on 02.08.2019 observed that defendant is
avoiding to delay the proceeding and is not available for Cross
examination and therefore, by imposing cost of Rs. 5,000/, the
matter adjourned to 22.10.2019. Again the defendant was not
available for Crossexamination inspite of granting last chance.
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NM 4557-19 in BCC Suit no. 147-1987
2 Date : 02.12.2019
Therefore, this Court close the side of the defendant. However,
today the defendant is available and plaintiff is ready to Cross
examine the witness. Therefore, in my view, in the interest of
justice, opportunity should be given to the defendant. Hence, the
order dated 22.10.2019 can be recalled subject to condition of
payment of cost of Rs. 1,000/ payable by the defendant to the
plaintiff. Thus, I proceed to pass the following order :
ORDER
1. Notice of Motion No. 4557 of 2019 is hereby allowed.
2. The order dated 22.10.2019 be recalled subject to payment
of cost of Rs.1,000/ to the plaintiff.
3. Notice of Motion No.4557 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 02.12.2019 Greater Bombay.
Dictated on : 04.12.2019
Typed on : 04.12.2019
Draft Submitted on : 04.12.2019
Checked on : 06.12.2019
Signed on : 07.12.2019
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NM 4557-19 in BCC Suit no. 147-1987
3 Date : 02.12.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
09/12/2019 at 3.45 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
02/12/2019
JUDGMENT/ORDER signed by P.O.
on
07/12/2019
JUDGMENT/ORDER uploaded on 09/12/2019
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