Full Order Text
Order 1 · 05 Jul 2018 · CNR MHCC010062712018
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 -- 1 of 3 -- 2 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 -- 2 of 3 -- 3 (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 -- 3 of 3 --