Final Order 1

Order Details: Chamber summons
Pdf Text: CS 436-19 in Suit 3537-12 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.436 OF 2019
IN
SUIT NO.3537 OF 2012
IN
HIGH COURT SUIT NO. 1488 OF 2012
(CNR.NO.MHCC01 002238 2019)
State Bank of India .. Plaintiff
Versus
Yogesh Pandurang Chimtekar And Ors. .. Defendants
Ms. Nilam Mehta, Advocate for Plaintiff.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
C.R. No. : 32
Dated : 2nd May, 2019.
ORDER
1. Plaintiff bank has taken out this Chamber Summons for
seeking permission to lead secondary evidence.
2. Plaintiff bank has mentioned the particulars of the
document which they want to place on record by way of secondary
evidence. The original documents are with the CBI, Therefore, plaintiff
-- 1 of 4 --
CS 436-19 in Suit 3537-12 2
could not produced the original documents on record. Hence, prays that
chamber summons be allowed.
3. Defendant no. 5 tendered their reply. Plaintiff bank not
provided any details about the CBI investigation and also not provided
the latest status of the investigation, if any. Plaintiff has right to apply
for handing over the original document but willfully failed to do so.
Hence, chamber summons be dismissed with cost.
4. Heard, Ld. Adv. Ms. Nilam Mehta, Advocate for Plaintiff.
Ms. Linta Shetakar, Advocate for Defendant.
5. Plaintiff bank has obtained certified copies from the CBI.
The production of certified copies thereof certainly ensures the
preservation of the original. Relevancy, admissibility and proof are
different aspects which should exists before a document can be taken in
evidence. Now, by way of this Chamber Summons, plaintiff bank is
seeking permission only to tender certified copies as a secondary
evidence. Hence, I pass the following order.
ORDER
1. Chamber Summons No.436/2019 is made absolute in terms
of prayer clause.
Date : 02.05.2019 (Pushpa N. Rao)
Ad hoc Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 02.05.2019
Signed by HHJ on : 02.05.2019
-- 2 of 4 --
CS 436-19 in Suit 3537-12 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 03.05.2019 at 2.55pm
NAME OF THESTOP GAP STENOGRAPHER : Mrs. P.S.Mahale
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
02.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 03.05.2019
-- 3 of 4 --
CS 436-19 in Suit 3537-12 4
-- 4 of 4 --