Date: 31-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Mahadev Pawar For plff. Present.
Adv. Mansha Khemka I/b Khemka and asso. for deft. no. 1 to 5 present.
Adv. For the plff. tendered register summons for judgment No. 12/2020 @ affidavit of support.
Adv. For deft. File application seeking leave to defend on behalf of the defendant. Order- Seen and filed.
Matter is adjd to 09.03.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Business: Duo to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: Due to Covid-19 pandemic none appeared
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Court is on Leave.
Matter is adjd to 10.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mukesh for the plff. present.
Adv. Bhagyashree Upadhyay for the deft. Present.
S/J arguments as a last chance.
Matter is adjd to 24.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mahadev Pawar for the plff present.
Adv. Bhagyashree Upadhyay I/b Khemaka for the deft present.
Matter is adjd to 17.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/07/2021 for S/J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None for plaintiff.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. present.
The matter is adjd for hearing on S/J to 26.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None for plaintiff.
Adv. Twinkle Khemka i/b. Khemka and Associates for defendants present.
Exh.6 - Application for production of documents.
O. - Allowed.
Defendants filed copy of death certificate of deceased deft. no.4. T.O.R.
The matter is adjd for steps to 20.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None for plaintiff.
Adv. Twinkle Khemka i/b. Khemka and Associates for defts. present.
K.B.
L.O.
Adv. Mahadev Pawar for plaintiff present.
On oral request of Adv. For plaintiff, the matter is adjd for taking steps to 21.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None for plaintiff.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
As per copy of death certificate filed along with application (Exh.6), deft. no.4 Pawan reported to be dead on 01.12.2020. Plaintiff failed to take steps within stipulated period. Therefore, suit as against deft. no.4 stands abated.
The matter is adjd for hearing on S/J to 09.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None for plaintiff.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. present. She submits to consider the written arguments filed on record as arguments of deft. on S/J.
K.B.
L.O. at 02.55 pm.
Adv. Dishya Pandey for plaintiff present. She submits that plaintiff instructed her for appearing in the matter. She sought time for filing vakalatnama. S/J is pending for hearing since long. Therefore, adjournment is granted as a last chance.
The matter is adjd for hearing on S/J to 24.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Shreyas Shrivastava along with Adv. Dishya Pandey for plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
Exh.7 - Vakalatnama filed by Adv. For plaintiff. T.O.R.
Exh.8 - Written submissions of plaintiff on S/J. T.O.R.
Copy of written submissions is served to Adv. For deft. nos.1 to 3 and 5.
Adv. For deft. nos.1 to 3 and 5 sought time for filing reply on written submissions. Time as prayed for is granted.
The matter is adjd for reply to 30.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Shreyas Shrivastava along with Adv. Dishya Pandey for plaintiff present.
None for deft.
K.B.
L.O. at 02.50 pm.
Adv. Dishya Pandey for plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
Exh.9 - Adv. For plaintiff filed application for production of documents.
O. - Production is allowed.
Copy of the document is served to Adv. For deft. nos.1 to 3 and 5.
Adv. For deft. nos.1 to 3 and 5 sought time for taking instructions from defendants regarding the document filed on record today. Adjournment as sought for is granted.
The matter is adjd for hearing on S/J to 04.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Dishya Pandey for plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
Heard arguments of both sides on S/J No.12/20.
The matter is adjd for order on S/J No.12/20 to 15.12.2021.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: By preceipe. O.- Allowed. Matter be taken on today\''s board.
Adv. Dishya Pandey for plaintiff present.
Exh.10 - Adv. For plaintiff filed application for production of documents.
O. - Other side to say.
The matter is already adjd for order on S/J No.12/20 to 15.12.2021.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Shreyas Shrivastava for plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
Adv. For deft. nos.1 to 3 and 5 filed written reply to Exh.10. T.O.R.
Heard arguments of both sides on Exh.10.
The matter is adjd for order on Exh.10 and order on S/J No.12/20 to 20.12.2021.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
Exh.12 - Adv. For deft. nos.1 to 3 and 5 filed application to place on record objections/defects of the certificate u/s.65-B of Indian Evidence Act. T.O.R.
Copy of Exh.12 is served to plaintiff.
K.B.
L.O.
ORDER BELOW EXH.10
Perused the application and say (Exh.11). Heard both sides.
By this application, plaintiff sought permission for production of document i.e. certificate u/s.65-B(4) of the Indian Evidence Act.
Defts. strongly objected production of the document. It is submitted on behalf of defts. that after hearing both the sides, matter was reserved for order on summons for judgment to 15.12.2021. However by taking preceipe on 10.12.2021, plaintiff has filed present application for production of document. It is further submitted that once the Court has kept the matter for order after hearing both the sides, parties cannot be allowed to file on record documents. In support of this submission, defts. relied upon Arjun Singh V/s. Mohindra Kumar, 1964 AIR 993.
It is further submitted on behalf of defts. that as per recent judgment of Hon\''ble Supreme Court in case of Arjun Khotkar V/s. Kailash Gorantyal, Civil Appeal No.20825-20826 of 2017, certificate u/s.65-B(4) of Indian Evidence Act is mandatory for the production of electronic evidence before the Court.
Considered the submissions advanced on behalf of both sides. In case of Arjun Singh (cited supra), suit was fixed for judgment. Suit proceeded ex-parte. On the date of pronouncing judgment, deft. filed an application under Order 9 Rule 7 of C.P.C. for setting aside the ex-parte order. Said application was dismissed. Court passed the decree. Thereafter, application under Order 9 Rule 13 of C.P.C. was filed for setting aside ex-parte order. Plaintiff raised bar of res-judicata and same was accepted by the court. Issue before Hon\''ble Supreme Court was whether dismissal of application under Order 9 Rule 7 of C.P.C. in that case would operate as a bar of res-judicata for filing application under Order 9 Rule 13 of C.P.C. In that context, Hon\''ble Apex Court held that application under Order 9 Rule 7 of C.P.C. was required to be filed before hearing of the suit. In that case, suit was reserved for judgment and therefore, Court has no jurisdiction to decide application under Order 9 Rule 7 of C.P.C. It was further held that Civil Judge was not competent to entertain application under Order 9 Rule 7 of C.P.C. and therefore, it would not operate as a bar of res-judicata to entertain application under Order 9 Rule 13 of C.P.C.
However, facts of the cited case are different from the case in hand. Plaintiff is not seeking setting aside of any order. Plaintiff is also not filing any additional document. During the course of arguments, defts. challenged the electronic record filed by plaintiff on the ground of non-submission of certificate u/s.65-B(4) of Indian Evidence Act. Therefore, in order to give authenticity to the electronic record filed on record, plaintiff filed present application seeking production of certificate u/s. 65-B(4) of Indian Evidence Act.
In case of Arjun Khotkar (cited supra), Hon\''ble Apex Court pleased to hold that certificate u/s.65-B(4) of Indian Evidence Act is mandatory. Hon\''ble Apex Court further pleased to hold that certificate u/s.65-B(4) of Indian Evidence Act can be filed at any stage so long as the hearing in a trial is not over. Matter is pending before the Court for consideration of the leave to defend applied by the defts. to the summons for judgment taken out by the plaintiff.
In case of Avadut Waman Kushe V/s. State of Maharasthtra, writ petition No.54/2016 dated 03.03.2016, Hon\''ble Bombay High Court pleased to hold that there is nothing in section 65-B(4) of Indian Evidence Act which specifies the stage of production of certificate. Provision of section 65-B is about admissibility of electronic record and not production of it. Certificate is required when document is tendered in evidence for being considered its admissibility. It is further held that certificate need not be filed at the time of production of electronic record. It can be filed, at the time, the electronic record is tendered in evidence. As discussed supra, Court is considering the application of leave to defend of defts. to summons for judgment taken out by the plaintiff. Considering the stage of the proceeding, application for production of certificate u/s.65-B(4) of Indian Evidence Act deserved to be allowed. In the result, following order.
ORDER
1. Production of document is allowed.
2. Application (Exh.10) is disposed of accordingly.
K.B.
L.O. at 02.55 pm.
Adv. Dishya Pandey for plaintiff present.
Adv. Twinkle Khemka for deft. nos.1 to 3 and 5 present.
ORDER BELOW EXH.12
Heard both sides. Matter is pending for order on summons for judgment. Adv. For defts. raised certain objections regarding certificate u/s.65-B(4) of Indian Evidence Act by filing present application.
Adv. For plaintiff submits that the certificate contains all the details required by section 65-B of Indian Evidence Act. Matter is already pending for order on S/J. Rival contentions shall be considered while deciding summons for judgment. Application (Exh.12) is disposed of accordingly.
The matter is adjd for order on S/J No.12/20 to 22.12.2021.
Next Purpose: ORDER
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Plaintiff present.
Adv. Twinkle Khemka i/b. Khemka and Associates for deft. nos.1 to 3 and 5 present.
F.R.S.R. following order is passed below S/J No.12/20 -
ORDER
1. Defendant Nos.1 to 3 and 5 shall deposit a sum of Rs.3,90,448/- (Rs. Three Lacs, Ninety Thousand, Four Hundred and Forty Eight only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant nos.1 to 3 and 5 are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant nos.1 to 3 and 5 within stipulated time, plaintiff shall be at liberty to apply for an ex-parte decree against defendant nos.1 to 3 and 5.
3. There shall be no order as to costs.
4. S/J No.12/2020 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 22-12-2021