Date: 16-01-2019
Business: Adv. Mohanish Choudhari for Defendant no.1,3 4 to 7 present.
Adv. Janki for Plaintiff present.
Adv for Defendant sought time to file reply.
Time is granted.
Adj for Ch/s reply to 21.02.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Adv. Tanya D\''souza for Plaintiff present.
Adv. Choudhary for Defendant no.1,3 to 7 present.
Reply filed by Defendant no.1,3 and 4 to Ch/s no.39/19.
Adj for Ch/s hearing to 10.04.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adv. Taniya D\''souza for plaintiff present.
Adv. Mr. Sanjeev Kadam h/f Chaudhari for defendant present.
On request of Defendant matter is adjd.
Adjd to 21.06.2019 for Ch/s. Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Adv. Tania D\''souza for Plaintiff present.
Adv. Mohanish Choudhary i/b Kadam and Co. for Defendant nos.1,3 and 4 present.
Adv. Mohanish Choudhary i/b Murudkar and Co. for Defendant nos.5 to 7 present.
Adv for Defendant nos.5 to 7 submitted that these defendants adopt reply filed by defendant nos.1,3 and 4 to Ch/s.
Order below Chamber summons No.39/19.
Read chamber summons, affidavit in support of it, reply of defendants.
Heard respective counsel for parties.
Chamber summons is taken out by the Plaintiffs making prayer that witness summons be issued to Assessing Officer, Income Tax Department to produce Income tax returns including Balance Sheet filed by defendant no.1 and defendant nos.5 to 7 for the financial year 2007 to 2018. Such prayer is made on the count that it is necessary for deciding issues in present suit and for determining the status of payment made by the applicants to defendant no.1 as well as transactions inter se between defendant no.1 and defendant nos.5 to 7. The defendants opposed chamber summons on the count that there is no dispute in respect of the amount claimed to have been paid through cheques by Plaintiffs and in respect of cash amount paid to defendant no.1, same is denied. It is further contended that documents are not relevant for present dispute. Accordingly, the defendants have opposed chamber summons.
So far as transaction inter se between defendant no.1 and defendant nos.5 to 7 is concerned, the Plaintiffs have contended in their pleadings that said Agreement for sale is for an inadequate consideration and they have claimed their superior rights than that of defendant nos.5 to 7. In view of abovesaid pleadings, production of documents to determine status of transaction inter se between defendant no.1 and defendant nos. 5 to 7 in the form of Income tax returns, Balance sheet submitted by defendant no.1 with Income Tax department is not necessary. They have not come with case that no consideration was paid in relation to transaction between defendant no.1 and defendant nos.5 to 7. So, production of documents as sought is not necessary. Further, as far as status of payments made by applicants to defendant no.1 is concerned, defendant no.1 has not disputed payment made through cheques. Only dispute is about cash payment of Rs.1 Lakh allegedly made by Plaintiffs to defendant no.1. For that purpose Plaintiffs are at liberty to give notice to produce documents to defendant no.1. At this stage there is no need to issue summons to the Officer of Income tax department for production of documents as sought. Hence, pass following order.
ORDER
1. Chamber summons No.39/19 stands dismissed.
2. Accordingly, Ch/s no.39/19 is disposed off.
Adj for admission denial to 10.07.2019.
Nature Of Disposal: DISMISSED
Disposal Date: 21-06-2019
