Final Order 1

Order Details: Other
Pdf Text: 21.06.2019
SU 5342/12 @
Ch/s 39/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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