Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.722 OF 2019
IN
S.C.SUIT NO.1233 OF 2017
Bina Deegan alias Bina Cunningham
and alis Bina Gopi ... Plaintiff
In the matter of.....
Bina Deegan alias Bina Cunningham
and alis Bina Gopi
Versus
1. Saras Gopi alias K.Saraswathi Amma
and alias Saraswathi Gopalkrishnan,
2.Cuffe Castle CoOperative Housing
Society Limited, ... Defendants
CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR
(COURT ROOM NO.9)
DATE : 3rd DECEMBER, 2020
Ms.Priyanka Shetty, ld. adv. for defendant no.1.
O R D E R
1. This Chamber Summons is taken out by plaintiff for
directions to defendant no.2 to disclose plaintiff all the original
documents enlisted in paragraph5 to the affidavit filed in support of
this Chamber summons and in alternative if defendant no.2 refuses or is
unable to provide aforesaid documents to plaintiff and adverse
inference may drawn against defendant no.2 in favour of plaintiff.
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2. Plaintiff Bina Deegan has filed her affidavit in support of Chamber
Summons contending that this suit is filed seeking reliefs interalia of
declaration as to the title to Flat No.K3, 11th Floor, Cuffe Castle, GD
Somani Road, Chamundeshwari Nagar, Cuffe Parade, Mumbai400 005.
It is contended that plaintiff does not have any document in her
possession pertaining to said property. She had through her lawyer
addressed to defendant no.2 a notice to produce the documents. Said
notice is dated 14/02/2019 Exh.A annexed to the affidavit is a copy of
notice. Further on 28th March,2019 her advocate sent letter to
defendant no.2 as a reminder to comply said notice, however defendant
no.2 has neglected to comply said notice and reminder. Copy of
reminder dated 20th March, 2019 annexed to the affidavit as Exh.B.
Hence, plaintiff has filed this Chamber Summons for directions against
defendant no.2. Those documents are as under:
a. Register of members of the Society;
b. Records of the transfers recorded by the society in respect of
the Property;
c. Records of duplicate share certificates issued by the Society, if
any, and the documents showing the background and basis of
issuing such a duplicate share certificate; including all
correspondence including but not limited to the request and
response from Defendant No.1 to Defendant no.2 to issue a
duplicate share certificate, any forms filed, indemnities and
oaths given and advertisements placed before issuing the
duplicate certificate to Defendant No.1;
d. Title deeds to the Property or documents in connection with
the Property as available with the Society in its record
including but not limited to tenancies and leave and licences
recorded;
e. All correspondence and documents available with the Society,
including transfer forms, if any, in its records pertaining to
the Property;
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f. All correspondence and messages on any medium exchanged
between the Defendant no.1 and the Society in relation to the
Property;
g. Letters written by the Defendant no.1 to the Society along
with annextures/ enclosures thereto in response to the letters
dated 22nd March, 2009 and 29th July, 2009 addressed by the
Society to the Defendant no.1;
h. The original nominee forms filed in triplicate by the
defendant no.1 with the defendant no.2 between 2009 and
2012 in favour of the plaintiff;
i. The email from the defendant no.2 to the defendant no.1 in
2016 regarding allowing the plaintiff's lawyers to inspect the
defendant no.2's records and registers and the defendant
No.1's email refusing permission to the defendant no.2 to
disclose any information/ documents to the plaintiff's lawyers.
3. Plaintiff has no means about accessing above documents
unless they are purchased by defendant no.2. As the documents
requested for are records maintained by defendant no.2, same are in the
exclusive possession of defendant no.2 and they are germane to
adjudication of the present suit. Plaintiff is aware that those documents
exist as defendant no.2 has the duty to maintain records and she is
informed by her brother who used to earlier communicate with
defendant no.2, that there have been communications exchanged
between the defendant no.1 and defendant no.2. It is contended that if
defendant no.2 fails to or refuses to produce those documents draw
adverse inference against plaintiff. Record shows that reply of Chamber
Summons is not filed, however roznama dated 20/02/2020 shows that
plaintiff's advocate Saloni Kurlkarni submitted that inspection of
documents is given by defendant no.1 to plaintiff, however Chamber
Summons taken out by plaintiff for discovery and inspection of
documents is pending formally for further discovery, however it can be
disposed off.
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3. Considering the submissions as inspection of the
documents is given to plaintiff, I find that no force remained in the
chamber summons and according to plaintiff's advocate, it remained
formally to be disposed off. Hence, I find that Chamber Summons is
necessary to be disposed off and I proceed to pass the following order.
O R D E R
Chamber Summons No.722/2019 stands disposed off as
dismissed.
Sd/
(K.P.NANDEDKAR)
03/12/2020 JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 03/12/2020
Transcribed on : 03/12/2020
Signed by HHJ on : 03/12/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/12/2020 01.25PM B.R.HATEKAR S.G.
Name of the Judge HHJ Shri K.P.NANDEDKAR(CR No.9)
Date of Pronouncement of Judgment/Order. 03/12/2020
Judgment/order signed by P.O on 03/12/2020
Judgment/order uploaded on 07/12/2020
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