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Court Order

Final Order 1

CNR MHCC01001367201918 Apr 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 18 Apr 2019 · CNR MHCC010013672019

Order Details: Chamber summons
Pdf Text: CS 264-19 in Suit 3575-12 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 264 OF 2019
(CNR.NO.MHCC010013672019)
IN
SUMMARY SUIT NO. 3575 OF 2012
(CNR.NO.MHCC010057852011)
(HIGH COURT SUM. SUIT NO.1534 OF 2012)
State Bank of India .. Plaintiff
Versus
1. Vijay Balaji Jadhav
2. M/s. AVK Automart Pvt. Ltd.
3. Anil Singh .. Defendants
Smt. Nilam Mehta, Advocate for Plaintiff.
None for Defendants.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
C.R. No. : 32
Dated : 18th April, 2019.
ORDER
1. Plaintiff bank taken out this Chamber Summons to lead
secondary evidence.
2. The original documents are with the CBI for investigation.
Plaintiff bank has applied for certified copies of the originals which are
mentioned above, as plaintiff bank has to relied upon the certified
copies, therefore taken out this application.
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CS 264-19 in Suit 3575-12 2
3. As per the decision of our parent Hon'ble High Court in
Karthik Gangadhar Bhat vs. Nirmala Namdeo Wagh and Anr. in Writ
Petition No. 11151 of 2017 the application to lead secondary evidence
is not required to be filed for obtaining leave of the court but parties has
to made out their case regarding the admissibility of documents during
trial.
4. In view of above discussion, I proceed to pass following
order :
ORDER
Chamber Summons No. 264 of 2019 is made
absolute in terms of prayer clause subject to prove the
contents of the documents.
Date : 18.04.2019. (Pushpa N. Rao)
Ad hoc Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 18.04.2019.
Signed by HHJ on : 18.04.2019.
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CS 264-19 in Suit 3575-12 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 18.04.2019 at 6.00 pm
NAME OF THE STENOGRAPHER : Y.M. SAKHARKAR
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
18.04.2019
Judgment/Order signed by P.O. on 18.04.2019
Judgment/Order uploaded on 18.04.2019
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