Final Order 2

Order Details: Notice of Motion
Pdf Text: NM No.4614/2019 in
S.C Suit No.1541 of 2013 1 Order.
MHCC010127002019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4614 OF 2019
IN
S.C. SUIT NO. 1541 OF 2013
Green Twig Estate Management Pvt.
Ltd. And Ors.
...Plaintiffs
V/S.
Punjab And Sind Bank ... Defendant
CORAM : HIS HONOUR JUDGE
SHRI N.G.SHUKLA
CITY CIVIL COURT, GR.BOMBAY
(C.R. NO.63).
DATE : 20-10-2023
Appearance:-
Ld. Advocate Shri. Rythm Rathod for the plaintiffs.
Ld. Advocate Shri. Sujeet Kurup for the defendant.
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NM No.4614/2019 in
S.C Suit No.1541 of 2013 2 Order.
ORDER
1. The plaintiffs have taken out this notice of motion for
condoning delay of 41 days, to set aside order of closing their evidence
dtd. 13-09-2019 and allow them to adduce additional evidence.
Defendant filed reply affidavit and opposed notice of motion.
2. I have heard Ld. Advocate Shri. Rythm Rathod for the
plaintiffs and Ld. Advocate Shri. Sujeet Kurup for the defendant.
3. It appears from the record that, plaintiffs have adduced
their evidence on affidavit on 26-08-2015. Cross examination of PW1 by
the advocate for the defendant was completed on 09-01-2019. Since
then plaintiffs failed to adduce evidence despite seeking various
adjournments. Hence, my Ld. Predecessor closed evidence of plaintiffs
by order dtd. 13-09-2019. Notice of Motion is taken out for setting as
side order on 25-11-2019.
4. Plaintiffs have cited reason in the affidavit that he was
taking effort to obtain certified copy of the documents from the office of
MCGM and court of Metropolitan Magistrate at 41th Court,
Shindewadi, Dadar, Mumbai and said certified copy was received on 01-
11-2019. Hence, he could not adduce evidence for cross-examination of
plaintiffs. Ld. Advocate for the prayed to allow the notice of motion and
to set aside order for closing evidence.
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NM No.4614/2019 in
S.C Suit No.1541 of 2013 3 Order.
5. Ld. Advocate for Shri. Sujeet Kurup for defendant argued
that notice of motion is taken out just to prolong the matter. There is no
sufficient ground to set aside the order. Plaintiffs are not bonafide in
prosecuting the suit. Plaintiffs have not filed evidence of further
witnesses alongwith notice of motion. Hence he prayed to dismiss
Notice of Motion.
6. I have considered the submissions and perused the record.
7. In para- 3 and 4 of the affidavit in support, plaintiffs have cited
reason of not receiving certified copies, which they wanted to produce
in the evidence. As per the record, order of closing evidence was passed
on 13-09-2019 and notice of motion is taken out after passing one date
i.e. on 25-11-2019. Defendant has not yet adduced his evidence.
Considering these circumstances and to give fair opportunity to
plaintiffs, order of closing evidence deserves to be set aside. Costs can
be saddled on plaintiffs for compensating the defendant. In this view of
the matter, following order is passed:
- ORDER -
1. Notice of Motion No. 4614 of 2019 is allowed in terms of
prayer clause (a) and (b) subject to costs of Rs.1000/-
payable to defendant withing two weeks.
2. After payment of costs plaintiffs will be permitted to
adduce evidence within two weeks from today, failure of
which, the order dtd. 13-02-2019 will be restored.
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NM No.4614/2019 in
S.C Suit No.1541 of 2013 4 Order.
3. Notice of Motion No. 4614 of 2019 is disposed off
accordingly.
(N.G. Shukla)
Judge
City Civil Court,
Date :20-10-2023 Gr. Bombay.
1. Dictated on : 20-10-2023
2. Transcribed on : 20-10-2023
3. Checked and Signed on : 21-10-2023
4. Delivered to Certified :
Copy Section on
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NM No.4614/2019 in
S.C Suit No.1541 of 2013 5 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21-10-2023 5.00 p.m. Miss K.M.Rana .
Name of the Judge (with Court Room no.) HHJ Shri N.G. Shukla
(Court Room No.63).
Date of Pronouncement of Judgment/Order 20-10-2023
Judgment/Order signed by P.O. on 21-10-2023
Judgment/Order uploaded on 21-10-2023
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