Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.3019 of 2018
CNR No.MHCC010010802018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.266 OF 2018
IN
SUIT NO.6403 OF 2004
Dr. Iswarprasad Satyanarayan Gilada .. Plaintiff/
Applicant
Versus
Mr. Naslee Wadia and Ors. .. Defendants
Ld. Advocate Hemangi Kurne for plaintiff.
Ld. Advocate Santosh Shetty for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 16.08.2018
: ORDER :
This Notice of Motion is taken out by plaintiff to produce and
rely upon the documents and to prove the contention by filing
additional evidence.
2. Plaintiff appeared and submitted that they had filed the
evidence by way of affidavit on 11.04.2014 along with compilation of
documents. Permission to lead secondary evidence was granted on
26.06.2015. Further by order dated 01.06.2017 the additional affidavit
alongwith compilation of document was filed on 22.06.2017. By this
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notice of motion plaintiff wants to produce additional documents on
record, which are listed in the schedule. This documents pertains to
purchases, licenses, customer clearance, donor agencies of instruments.
According to the plaintiff these documents are relevant to the issue in
question and he prayed that the notice of motion may be allowed.
3. Defendant appeared and submitted that the alleged
documents that are produced are beyond the scope of the pleadings and
also relief claimed before the court. Plaintiff had filed affidavit of
compilation of document after he had been substantially cross
examined. The documents are not relevant to the case of the plaintiff
and prayed to reject the motion.
4. Heard both the parties. Perused the material on record.
5. As per the contention of plaintiff he had provided his service
to the defendants hospital during the period of 1993 till March, 2002.
According to it, he had conducted test of 1,10,000 pregnant women
for 9 years. Out of these 1600 women were detected HIV positive
and by their efforts 1000 children born to them were saved from
contacting HIV virus. Plaintiff further submitted that he had incurred
Rs.1,50,000/ for purchase of Elisa reader, washing system and Rs.
2,50,000/ for purchasing of Elisa test kits.
6. Upon considering the hearing and issues framed in this
matter, the issue no. 1 is relevant to the case of the plaintiff. The
burden is on the plaintiff to prove whether the defendant is liable to pay
50% of the total charges and benefits received by the defendant from
the patients who underwent HIV Test. Hence, also considering this
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pleadings of the plaintiff in the opinion of the court entire document
produced by the plaintiff are not relevant. Documents at Sr. No. 4 to 10
in the schedule are relevant and can be allowed to be filed along with
additional affidavit on record. Hence, considering this I pass the
following order.
: ORDER :
1. Notice of Motion No.266 of 2018 is partly allowed.
2. Plaintiff is permitted to produce document at Sr. No. 4 to 10
annexed with schedule and to prove them as per law.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 16.08.2018 Gr. Mumbai
Dictated on : 16.08.2018
Transcribed on : 18.08.2018
Signed on : 18.08.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 21.08.2018 at 11.18 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
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Date of Pronouncement of
JUDGMENT/ORDER
16.08.2018
JUDGMENT/ORDER signed by P.O. on 18.08.2018
JUDGMENT/ORDER uploaded on 21.08.2018
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