Final Order 1

Order Details: Other
Pdf Text: Ch/s No. 976/19 in S.C.Suit No.1153/18. 1 Order.
MHCC010051212019
Presented on : 21-05-2019
Registered on : 21-05-2019
Decided on : 28-06-2022
Duration :03years, 01 months, 09days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 976 OF 2019
IN
SUMMONS FOR JUDGMENT NO. 38 OF 2019
IN
S. C. SUIT NO. 1153 OF 2018
(CNR NO. MHCC01-005121-2019)
Dhiraj K. Khemlani )...Plaintiff.
Versus
1. Gimmicks Global )
2. Pradeep Hirani ) ...Defendants.
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 28th JUNE, 2022.
Shri Ansul Bhuta, Advocate for the plaintiff.
Shri Viraj Bansod, Advocate for the defendants no. 1 and 2.
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Ch/s No. 976/19 in S.C.Suit No.1153/18. 2 Order.
ORDER
1. Defendants no.1 and 2 have filed Chamber Summons under
order XI Rule17 r/w. Section 151 of the C.P.C calling upon the plaintiff
to produce original passbook of his account maintained with UCO
Bank, Choupatti Branch and valid money lending license held by him, if
any.
2. Perused chamber summons, affidavit in support, affidavit in
reply and suit proceedings. Heard Ld. Counsel Ansul Bhuta for the
plaintiff and Ld. Counsel Shri Viraj Bansod for defendants No. 1 and 2.
3. On perusal of record, it appears that the plaintiff had already
filed S.J No. 38/2019 in which affidavit in reply as well as rejoinder is
filed and it is ready for hearing. Now, the defendants want production
of documents by the plaintiff before hearing in S.J.No.1153/2019. In
short, the defendants want to bring on record material in support of
their probable defences. Considering stage of the matter, the suit
proceeding is still within the ambit of order XXXVII of the C.P.C. and
matter has not reached the stage of regular trial. In such circumstances,
it is pre mature to ask the plaintiff to produce additional documents on
record. The plaintiff has already placed on record copy of relevant page
of the pass book containing entry of transaction between the parties.
Both sides can argue S.J No.38/2019 in accordance with their
respective stands in affidavit in support, reply and rejoinder. Hence, I
pass the following order :
ORDER
1. Chamber Summons No.976/2019 is dismissed.
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Ch/s No. 976/19 in S.C.Suit No.1153/18. 3 Order.
2. The proceeding of Ch/s No. 976/2019 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 28/06/2022 Mumbai.
1. Dictated on : 28/06/2022.
2. Transcribed on : 28/06/2022.
3. Signed on : 28/06/2022.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 976/19 in S.C.Suit No.1153/18. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/06/2022. 12.00 p.m. Miss K.M.Rana
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 28/06/2022
Judgment/Order signed by P.O. on 28/06/2022
Judgment/Order uploaded on 29/06/2022
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