Final Order 1

Order Details: Chamber summons
Pdf Text: ..1.. CS NO.295-2020 in 2544-2019
MHCC010019252020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER
BOMBAY
CHAMBER SUMMONS NO. 295 OF 2020
IN
S. C. SUIT NO. 2544 OF 2019
Mr. Haridashan Narayan Keerthodi ]
An Indian Inhabitant of Mumbai ]
Age about 55 years, occ. : Business ]
Residing at Flat No.4, 13th floor, ]
Millennium Tower, Sector No. 9, ]
Sanpada, New Bombay ]
Having office at ]
Hari Automobile, C.T.S. No. 344/1, ]
V.N. Purav Marg, Opp. Lal Dongar ]
Old Sion Trombay Road, Opp. Bejola ]
Complex, Chembur, Mumbai-71. ] .. Plaintiff
Versus
1. Mr. Abhay Avinash Thale ]
Age:34 years, Occu: Business, ]
Thale House, Opp Tata Nagar, ]
V.N. Purav Marg, Sion ]
Chunabhatti Road, Sion, ]
Mumbai- 400 022. ]
2. Smt. Asha Avinash Thale ]
Thale House, Opp Tata Nagar, ]
V.N. Purav Marg, Sion ]
Chunabhatti Road, Sion, ]
Mumbai- 400 022. ]
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3. Sou. Puja Vinit Patil ]
R/o. 108, Pandurang Chayya ]
CHS, B.P. Road, Kharigaon, ]
Bhayandar (East), Thane. ]
4. Sou. Namrata Nandkumar Partole ]
R/o. 202, Om Raghukul Apt. ]
Murbad Road, Thangewadi ]
Subhash Road. ]
5. Ms. Amruta Avinash Thale ]
Thale House, Opp Tata Nagar, ]
V.N. Purav Marg, Sion ]
Chunabhatti Road, Sion, ]
Mumbai- 400 022. ]
6. Shri. Vimal Mohanlal Jain ]
R/0. 1603, Sumer Tower No.5, ]
Love Lane, Mazgaon, ]
Mumbai- 400 010. ] .. Defendants.
Appearances :-
Adv. for Plaintiff present.
Adv. Rajesh Patil for defendant no. 6 present.
Adv. Shruti Jain i/b Adv. Rajan Yadav for defendant no. 1 to 5 present
CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 26/04/2024
ORDER
The present chamber summons has taken out by the
defendant No.1 to 5 for claiming reliefs inter alia:
a) To direct the plaintiff to give inspection of all the original
documents referred to and relied upon by plaintiff or intended to be
referred to and relied upon by the plaintiff within a period of one week
from the date of the order herein or within such time as this Court may
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deem fit and proper and further provide and furnish photo copies to the
defendant Nos.1 to 5;
b) In the alternative to prayer (a), to direct the plaintiff to give
inspection of all the documents referred to and relied upon by him in
thew above suit and interlocutory proceedings in this suit;
c) To stay the further hearing of the above suit and interlocutory
proceedings during the pendency and final disposal of this Chamber
Summons;
d) To grant ad-interim reliefs in terms of prayer (c) above
(e) Costs of the Chamber Summons;
(f) To grant such further and other reliefs as the nature and
circumstances of the case may require.
2. The defendant No.1 to 5 have contended that after filing of
Notice of Motion No.3784 of 2019 and the plaint, the defendants have
sought inspection of the documents referred to and relied upon and
intended to be relied upon by the plaintiff through their advocate by
letter dated 16/10/2019. But neither the advocate of the plaintiff not
the plaintiff responded to their advocate’s letter for inspection.
Therefore, once again the advocate for the defendants has sent letter on
23/10/2019 for inspection of the documents, but the said letter was not
responded either by the plaintiff or by his advocate. According to the
defendants, they felt that the plaintiff is deliberately avoiding to give
inspection of the documents to the defendants and also not supplied the
photo copies of the same to them. It is further contended that it is
imperative on the part of the plaintiff to give inspection of the
documents relied upon by him and which are relevant, necessary and go
to the root of the matter. Therefore, the defendant Nos.1 to 5 have filed
this chamber summons.
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3. The plaintiff has not filed written reply on this chamber
summons.
4. Perused notice of motion, record. Heard learned Advocates
for both sides.
5. It appears that despite of several demands for inspection of
the original documents, the plaintiff has not given inspection to the
defendant No.1 to 5. When the plaintiff is relied on the documents,
under that circumstance, the plaintiff ought to have given the inspection
of the documents. But the plaintiff has not given the inspection of the
documents to the defendants. If the inspection of the documents is
given to the defendants, I do not find that any prejudice will be caused
to the plaintiff. Considering the facts and circumstance of the case, I
proceed to pass following order:-
ORDER
1. The Chamber Summons No. 295 of 2020 is hereby partly
allowed in term of prayer clause (a) and (b) only.
2. The plaintiff is directed to give inspection of all the original
documents referred to and relied upon by the plaintiff within
one month from the date of order.
3. The Chamber Summons No. 295 of 2020 is hereby disposed off
accordingly.
(Smt. Anita B. Sharma,)
Judge,
City Civil Court, Greater Bombay
Dated : 26/04/2024 C.R. No.03
Dictated on : 26/04/2024
Typed on : 30/04/2024
Signed on : 30/04/2024
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“Certified to be true and correct copy of the original signed order”.
30/04/2024
at about 5.00 p.m.
(Dastagir Babalal Mulla)
Stenographer Grade-I (Gazetted)
Court Room No.03, Gr. Bombay
Name of the Hon'ble Judge : Smt. Anita B. Sharma,
Judge, Bombay City Civil Court &
Addl. Sessions Judge,
Court Room No.03, Gr. Bombay
Date of pronouncement of
Order
: 26/04/2024
Order signed by Hon'ble13 pt
Judge on
: 30/04/2024
Order uploaded on : 30/04/2024
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