Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT FORT GREATER BOMBAY
NOTICE OF MOTION NO. 1900 OF 2018
IN
SUIT NO. 4097 OF 1993
(HIGH COURT SUIT NO. 9572 OF 1993)
Surendra Chandumal Gandhi & Anr. .. .. Plaintiffs
Versus
Olga Kriplani alias Olga Satish Patkar & Ors. .. .. Defendants
Ms. Moosa Advocate for the Plaintiffs.
Mr. Gidwani Advocate for the defendants.
Coram : His Honour Judge
Shri. G. O. Agrawal
CR no. : 13
Dated : 5.7.2018
Oral Order:
The plaintiffs wants to examine an official of City
Bank as their witness. Perused notice of motion and affidavit
in its support. Heard learned Counsel for the plaintiffs and
defendants.
2. Learned Counsel for the plaintiffs has urged that the
sale purchase transactions in respect of the suit property have
been made through Bank Account no. G 1008 with First
National City Bank, Gage Way Branch, P.O. Box 1890,
Bombay – 400 001 which is now known as City Bank. The
plaintiffs want to produce bank documents through bank
official. Learned Counsel for the defendants as no objection
except to the terminology that plaintiffs want to cross
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examine the bank official. Learned Counsel for the plaintiffs
clarified that its a typographical error.
3. This is a suit for declaration that the suit property
belongs to the plaintiffs. According to the plaintiffs, the sale
transaction has been made through City Bank. No doubt, the
bank record can be ascertained through the bank official. The
plaintiffs' request to examine the bank official is just and
proper which cannot be disallowed. The typographical error
that plaintiffs' want to cross examine witness can be excused
as no bank official has yet been examined.
In the result, following order is passed :
ORDER
1. Notice of Motion no. 1900 of 2018 is allowed.
2. The plaintiffs are allowed to examine an official of City
Bank.
3. Costs in cause.
Dated : 5.7.2018 (G. O. Agrawal)
Judge
City Civil Court
Gr. Mumbai
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(As per office circular no.25 of 2016 and 20 of 2016, dated 20.12.2016 issued by IC Registrar)
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DATE & TIME OF UPLOADING NAME OF STENOGRAPHER : BHARATKUMAR NUKTE
5.7.2018 5.45.pm
Name of Steno with Post. : Bharatkumar Nukte, Stenographer (HG)
Name of the Judge (with Court no.) : HHJ Shri. G. O. Agrawal (CR no. 13)
Date of pronouncement of Judgment : 5.7.2018
Judgment signed by the P.O. on : 5.7.2018
Judgment uploaded on : 5.7.2018
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