Date: 17-07-2019
Business: Court is on Leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: P.O. is on Leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv for plaintiff Ms.Padmini Nainapure present.
Adv for deft no.1 and Mr.Benasi Ramkrushna present.
Adv for applicant Mr.Asmit Agarwal present.
Adv for plaintiff tendered registered C/S 766/19 along with affidavit.
Adv for deft stated that she has received copy of C/S no.769/19
Exh 13 Adv for deft no.1 and 2 filed VP. T.O.R.
Matter is Adjd for C/S Reply to 17.12.2019
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: P.O.is on half day leave.
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv for plaintiff Ms.Padmini Aainapure present.
Adv for deft Ms.Gauri Tyagi present.
Adv for deft stated that they will no file any reply to C/S.
Matter is Adjd for C/S 769/19 Hearing to 27.02.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv for plaintiff Ms.Ainapure present.
Adv for deft Mr.Gauri Tyagi present.
Matter is Adjd for C/S 769/19 Hearing to 07.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: P.O.is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Business: National Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 27.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Mr. M.S Bhardwaj for the plaintiff in person is present.
None for deft.
KB
LO at 2.28 p.m
Adv. Ajay Panicker for the plff is present.
None for deft.
As the Adv.for the deft is not present and the clerk of the Advocate informed that he is out of station, the matter is kept for hearing of CH/S on 04.02.2021.
Adjd for CH/S hearing on 04.02.2021. (Second Session)
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Plaintiff is present.
Adv. Hetal Bane for plaintiff present.
Adv. Aakash Menan for defendant is present.
Heard Plaintiff in person, Adv.for the plaintiff and Adv.for the defendant. The Ld. Adv.for the defendant has made statement at Bar that the defendant no. 2 is not in possession of mobile bills has asked to produced in the Chamber Summons. Matter be kept for further hearing on 09.02.2021.
Adjd for further hearing on 09.02.2021. (Afternoon Session)
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: P.O. is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Ajay Panicker for plaintiff is present.
Adv. Vancy Ramkrishanan for defendant present.
Order below CH/S No.769/19
Perused the Chamber Summons which is supported by an affidavit. In view of roznama dtd. 04.02.2021, with consent this Chamber Summons was taken up for hearing. Heard Ld. Adv.Shri Ajay Panicker and Adv. Vancy Ramkrishanana for defendant. Perused the pleadings. In written statement in Para No. 12 and 16, the defendant has mentioned about the details of the call records and sought leave to rely upon the phone records as well as the call data records. This Chamber Summons is for directing the defendants to file the affidavit of documents as well as the details of the call data record and production of mobile bills. Considering the contents of written statement and further considering the Issues No.4, the documents so asked for is necessary for adjudicating the suits on merits. The Ld. Adv.for the plaintiff has also placed reliance on the case Coromandal International Ltd.. 2014 SCC Online Bom 1627 (2015) 1 Bom CR 795 (2015) 4 AIR Bom R 627 2015 AIR CC 2633. Considering the provisions of Order 11 Rules 13 to 15 and also placing reliance on the aforesaid ruling, this Chamber Summons needs to be allowed in the interest of Justice. Hence, I pass the following order-
ORDER
Chamber Summon No. 769/19 is allowed and made absolute in terms of prayer clause (a) and (b).
Chamber Summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 24-02-2021