Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.4900/2019 1 L.C. Suit No.1554/12
CNR No. MHCC010133952019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4900 of 2019
IN
L.C. SUIT NO. 1554 OF 2012
Shrichand Punjabi )
Aged about 78 years and adult, )
Indian Inhabitant of Mumbai )
Being in lawful use, occupation and )
possession in respect of Shed situated )
at Plot No.205, B.A. Ambedkar Road, )
St. Paul Convent School, Dadar (E) )
Mumbai 400 014. )…Plaintiff
Vs.
Municipal Corporation of Greater )
Mumbai A body incorporated under the )
provisions of B.M.C. Act having its )
office situated at Mahapalika Bhavan, )
Mahapalika Marg, Mumbai 400 001. )...Defendant
APPEARANCE:
Ld. Adv. Mrs. Narvekar for the plaintiff.
Ld. Adv. Mrs. Meena Dhuri for the defendant/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
C.P. JAIN (C.R. NO.06)
DATED : 07h JANUARY, 2020.
O R D E R
This Notice of Motion is moved by plaintiff praying for
setting aside the order dated 10.12.2019 passed against him and allow
him to cross examine the witness of the defendants.
2. Read notice of motion. Reply filed overleaf. Perused the
roznama dated 10.12.2019. It reflects that on 05.11.2019, DW.1 filed
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NM 4900/2019 .. 2 .. L.C. Suit No. 1554/2012
his evidence affidavit along with documents. The admissibility of
documents was decided on same day & matter was posted for cross
examination on 16.11.2019. However, on 16.11.2019 & even thereafter
on 03.12.2019, matter is adjourned on request of defendant. Only on
10.12.2019, plaintiff had sought time for cross examination, which
prayer was rejected on same day & no cross order is passed against
plaintiff. Plaintiff has therefore, moved this notice of motion on next
date.
3. If the roznama is given consideration, it nowhere reflects
that matter is prolonged on behalf of plaintiff after the evidence was
filed by defendant. No malafides on part of plaintiff have been brought
on record. In such circumstance, opportunity needs to be given to
plaintiff to cross examine DW.1. It is always in interest of parties that
suit is decided on merits. If plaintiff is denied opportunity, it will cause
injustice to plaintiff. Allowing notice of motion of plaintiff will be
appropriate, not prejudicing defendant in any manner. Therefore, I
proceed to pass following order.
ORDER
1. Notice of Motion No.4900/2019 is allowed.
2. Plaintiff shall cross examine DW.1 on next date.
3. Notice of Motion No. 4900/2019 is accordingly disposed of.
(C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 07.01.2020 City Civil Court, Gr. Mumbai
Dictated on :07.01.2020.
Transcribed on :07.01.2020.
Signed on :07.01.2020.
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NM 4900/2019 .. 3 .. L.C. Suit No. 1554/2012
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.01.2020, 10.40 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
07.01.2020
JUDGMENT/ORDER signed by
P.O. on
07.01.2020
JUDGMENT/ORDER uploaded on 14.01.2020
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