Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.4923/2019 L.C. Suit No.2399/2010
CNR No. MHCC01-013459-2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 4923 OF 2019
IN
L.C. SUIT NO. 2399 OF 2010
1. Mrs. Pushpalata Narayan Bhatkar )
of Bombay adult Indian Inhabitant )
Aged about 52 years )
Residing at 334-B Waras Lane )
Near Scout Maidan, Worli, Koliwada, )
Mumbai – 25. )
2. Mr. Hemavand Behram Namdarian )
Aged about 40 years of Bombay )
adult Indian Inhabitant )
Residing at 3-A/8, Sonawala Bldg, )
Tardeo Mumbai – 400 007. )... Plaintiffs.
Vs.
The Municipal Corporation of )
Gr. Mumbai, a Body Corporate, )
Incorporated under the provisions )
of B.M.C. Act, having its office )
at Mahapalika Bhavan, Mahapalika )
Marg, Mumbai – 400 001 Shastri )
Nagar, Kalina, Santacruz (East), )
Bombay – 400 029. )...Defendant.
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APPEARANCE:-
Ld. Adv. Mr. Ashok M. Saraogi for the plaintiffs.
Ld. Adv. Mr. Kumawat for the defendant/MCGM.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C. P. JAIN (C.R.NO.06)
DATED : 07th FEBRUARY, 2020.
O R D E R
Read notice of motion. Reply filed overleaf. Heard
both the Ld. Advocates.
2. This Notice of Motion is moved by plaintiffs for
compliance of the order dated 08.11.2019 passed in Notice of
Motion No.3456 of 2019 and allow him to cross examine the
witness of the defendants.
3. Perused the proceeding. My Ld. predecessor in office
had allowed notice of motion No.3456/2019 of plaintiff on costs of
Rs.500/- dated 08.11.2019 and matter was adjourned on
25.11.2019. It is important to note that this order did not specify
time limit to comply the order dated 08.11.2019. On next date i.e.
on 25.11.2019, plaintiff failed to comply the order for reasons in
this notice of motion. Though reasons in present notice of motion
are denied by defendant there is nothing on record to disbelieve
plaintiff or doubt them.
4. Furthermore, the further reasons in present notice of
motion that on 25.11.2019 for non compliance by plaintiff, no
cross order is passed against plaintiff is not the fact appearing on
record from roznama or evidence affidavit of Prakash Sikandar
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NM No.4923/2019 ..3 .. L.C. Suit No.2399/2010
Sonawane. There is no such order or order of vacating order dated
08.11.2019 passed against plaintiff on 25.11.2019, as matter was
posted for compliance on next date i.e. 16.01.2020. However, in
meantime on 16.12.2019, plaintiff has moved this notice of
motion. It appears that plaintiff has misinterpreted the roznama
dated 25.11.2019.
5. As there is no such order, question of restoration does
not arise. As there was no time limit given in order dated
08.11.2019 question of extension also does not arise. However, out
of abundant precaution, this prayer of plaintiff of extension can be
allowed. The objection of defendant corporation therefore, is not
carrying merits. The notice of motion of plaintiff deserves to be
allowed. In result, I proceed to pass following order.
ORDER
1. Notice of Motion No.4923/2019 is hereby allowed.
2. Plaintiff shall comply the order dated 08/11/2019 till
next date.
3. Costs in cause.
3. Notice of Motion No. 4923/2019 is accordingly disposed of.
(C.P. Jain)
Ad-hoc Judge, (C.R.No.06)
Date :07.02.2020. City Civil Court, Gr. Bombay
Dictated on : 07.02.2020.
Transcribed on : 10.02.2020.
Signed on : 14.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 18.02.2020, 02.50 pm.
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
07.02.2020
JUDGMENT/ORDER signed by
P.O. on
14.02.2020
JUDGMENT/ORDER uploaded on 18.02.2020
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