Professional Documents
Culture Documents
2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. MHCC010044322010
ORDER BELOW EXH.4
IN
SUIT NO.3920/2010
Madhukar M. Barade & ors. ....Defendants
Adv. Ms. Sadaf for plaintiff.
Adv. Ms. Bhatia for defendants no. 5 to 8, 10 to 12.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 22.10.2018
(Dictated in open court)
ORDER
1. This is an application filed by the Advocate for plaintiff for refund of
amount deposited in the Court as well as amount paid to defendant no.13.
2. Heard Ld. Counsel for both the parties.
3. By order dated 5.4.2018, this Court allowed the chamber summons
no.1261/2016 subject to payment of cost of Rs.2,000/ each to defendants no.5
to 8 and 10 to 13. However, on 19.4.2018, it is reported by the Ld. Counsel for
plaintiff that the Advocate for defendants no.5 to 8 and 10 to 12 refused to
accept the cost. Hence, this Court directed the plaintiff to deposit the cost in
court and carry out the amendment. In view of the above direction, plaintiff
deposited amount of Rs.14,000 in this office vide receipt no.0656491 dated
O. below Exh.4 in Su-3920.10 2/2 Date : 22.10.2018
24.4.2018 and Rs.2,000/ were paid to the Advocate for defendant no.13.
While carrying out the amendment, it was found that the same amendment has
been already carried out in compliance to order passed in chamber summons
no.795/2011. Accordingly, the present application has been filed by the plaintiff
on 13.7.2018 for withdrawal of the cost. After hearing both the parties, I find
that since the amendment is already allowed in 2011 and the Advocate for
defendants no.5 to 8 and 10 to 12 had refused to accept the cost, the plaintiff
can be allowed to withdraw the cost of Rs.14,000/ deposited in this Court.
4. As regards the amount of Rs.2,000/ paid to the Advocate for defendant
no.13, I find that the plaintiffs were negligent in filing the chamber summons
no.1261/2016, despite the earlier chamber summons for same relief. Hence,
the plaintiffs are not entitled for refund of cost paid to Advocate for defendant
no.13. Hence, following order.
ORDER
1. Exh.4 is partly allowed.
4. Exh.4 is disposed of accordingly.
( G. R. Agrawal)
Judge
City Civil Court,
Date : 22.10.2018 Gr. Bombay.
Dictated on : 22.10.2018
Typed on : 24.10.2018
Signed on : 24.10.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
O. below Exh.4 in Su-3920.10 3/2 Date : 22.10.2018
JUDGMENT/ORDER”
24.10.2018 at 03.15 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court HHJ Shri G. R. Agrawal,
room no.) C.R. No.3
Date of Pronouncement of 22.10.2018
JUDGMENT/ORDER
JUDGMENT/ORDER signed by 24.10.2018
P.O. on
JUDGMENT/ORDER uploaded 25.10.2018
on