Final Order 1

Order Details: Notice of Motion
Pdf Text: CONTEMPT N.M.631/19 in Suit 4428/2010
IN H.C. SUIT NO. 2501/10 1
Date :03.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER
MUMBAI
CONTEMPT NOTICE OF MOTION NO.631 OF 2019
IN
SUIT NO. 4428 OF 2010
(H.C. SUIT NO. 2501 OF 2010)
(CNR.NO.MHCC010016162019)
Abdul Hamid Aboobakar Coatwala ) ….Plaintiff
VERSUS
Asif Iqbal Memon & Anr. ) .... Defendants
Appearances:
Plaintiff in person present.
Mr. Mangesh Chavan, Ld. Adv. for defendant no.1 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 07
Dated : 03.08.2019
: ORDER :
1. The plaintiff has filed instant Notice of Motion for taking
action of contempt under Order 39 Rule 2(a) of the Civil
Procedure Code, for breach of Order dated 01.11.2018 passed
below Exh.43 whereby, this Court directed the defendant no. 1 to
give inspection of the documents and photocopy of Mortgage Deed
within a period of one month from the date of Order.
2. It is contended by the plaintiff that the defendant no. 1 by
filing his Written Statement pleaded that the suit property is
mortgaged with State Bank of Patiala, Dadar (West) Branch. The
aforesaid mortgage was created in the year 2006. The plaintiff by
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CONTEMPT N.M.631/19 in Suit 4428/2010
IN H.C. SUIT NO. 2501/10 2
issuing letter dated 22.08.2017 sought for inspection of documents
as per Order 11 Rule 15 of the Civil Procedure Code. However,
the defendant no. 1 did not give inspection of Mortgage Deed.
Therefore, the plaintiff has filed application below Exh.43 which
was came to be allowed by order dated 01.11.2018.
3. It is contended by the plaintiff that the defendant no. 1 by
issuing letter dated 27.11.2018 called him at State Bank of Patiala
for inspection of the record. However, Branch Manager gave
inspection of only one original application form no. SBP 629 dated
26.08.2006 which was submitted by the defendant no. 1 to the
said Bank requesting for permission for Creation Equitable
Mortgage of the suit property by way of collateral security. It is
contended by the plaintiff that he was not given any Mortgage
Deed hence, the defendant no. 1 has flouted the orders of this
Court and he needs to be punished for contempt of the Court.
4. It is contended by the defendant no. 1 that he has made
reference of Mortgage only in respect to the aforesaid letter which
was duly supplied to the plaintiff. In the year 2006, he has created
Equitable Mortgage of the property. The aforesaid letter is the
only letter which has been executed between him and the Bank.
Apart from which there is no separate mortgage executed between
defendant no. 1 and Bank. Thus, the defendant no. 1 contended
that, he has not flouted the orders of this Court and present Notice
of Motion needs to be rejected with cost.
5. Heard both the sides. Perused Notice of Motion, reply as
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CONTEMPT N.M.631/19 in Suit 4428/2010
IN H.C. SUIT NO. 2501/10 3
well as Order dated 01.11.2018 passed below Exh.43. It is specific
contention of the plaintiff that the defendant no. 1 in his Written
Statement made reference of Mortgage in the year 2006 by which
he has mortgaged a suit property with the State Bank. On perusal
of the copy of letter which was handed over to the plaintiff, it
appears to me that it is the letter of confirmation of deposit of Title
Deed of the suit property by the defendant no. 1 to the State Bank
of Patiala in respect of Cash Credit of Rs. 40,00,000/. As per
Section 58(f) of Transfer of Property Act, the defendant has
created Mortgage by depositing Title Deed of which the letter
which is given by the Bank is the confirmation letter. Hence, in my
view, there is no contempt or disobedience of order dated
01.11.2018 committed by the defendant no. 1. Hence, in my view,
there is no substance in the Notice of Motion and same needs to be
rejected with cost. Thus, I proceed to pass the following order:
ORDER
1. Contempt Notice of motion no. 631/19 is hereby rejected
with cost.
2. Contempt Notice of motion no. 631/19 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 03.08.2019 Greater Mumbai
Dictated on :03.08.2019
Typed on :03.08.2019
Draft submitted on :03.08.2019
Checked on :05.08.2019
Signed on :05.08.2019
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CONTEMPT N.M.631/19 in Suit 4428/2010
IN H.C. SUIT NO. 2501/10 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/08/2019 at 12.00 noon (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
03/08/2019
JUDGMENT/ORDER signed by P.O.
on
05/08/2019
JUDGMENT/ORDER uploaded on 06/08/2019
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