Full Order Text
Final Order 1 · 18 Apr 2019 · CNR MHCC010013972019
Order Details: Chamber summons Pdf Text: C.S. 268/19 in SUM 3584-12 1 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 268 OF 2019 (CNR.NO.MHCC010013972019) IN SUMMARY SUIT NO. 3584 OF 2012 (CNR.NO.MHCC010057882011) (HIGH COURT SUIT NO. 1546 OF 2012) State Bank of India ... Plaintiff Versus 1. Rajesh Madhukar Nayak 2. M/s. Ashtavinayak Auto Pvt. Ltd. 3. Kamalkumar Pathak ..Defendants Smt. Nilam Mehta, Advocate for Plaintiff. None for Defendants. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Judge CR 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 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. -- 1 of 3 -- C.S. 268/19 in SUM 3584-12 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. 268 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 City Civil Court Greater Mumbai Dictation Direct typed on computer : 18.04.2019. Signed by HHJ on : 18.04.2019. -- 2 of 3 -- C.S. 268/19 in SUM 3584-12 3 “ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT / ORDER.” UPLOAD DATE AND TIME : 18.04.2019 at 6.10 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 -- 3 of 3 --