Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE21 in Commercial SU1592019
MHCC010063022019
IN THE CITY CIVIL COURT AT MUMBAI.
ORDER BELOW EXH.21
IN
COMMERCIAL SUIT No.159 OF 2019
(CNR No.MHCC010063022019)
M/s. Alchemic Financial Services Ltd. }...PLAINTIFF.
VERSUS
Leena Nirmal Chhadva }...DEFENDANT.
Shri.Punekar, learned advocate for the plaintiff.
Shri.Mittal Vira, learned advocate for the defendant.
CORAM : HIS HONOUR JUDGE SHRI.N.P.TRIBHUWAN (C.R.NO.32)
O R A L O R D E R
(Delivered on 13/06/2022)
1. This is an application filed by defendant for deexhibiting
the documents filed with list of documents Exh.14 serial No.4 (Pg No.7
to 31). Plaintiff has filed say at Exh.22 and strongly opposed this
application.
2. Heard learned counsel of both the parties. Learned counsel
of defendant submitted that aforesaid documents required to be de
exhibited because same are not part of list of documents (Exh.14) and
there is no averment as to exhibit of said documents and contents of
documents. Moreover, the documents are photocopies and without
certificate under Section 65 B of Evidence Act.
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2 OBE21 in Commercial SU1592019
3. Learned counsel for plaintiff contended that these
documents are issued by the bank, which are duly signed by officer of
bank and also it bears stamp of bank. Once the documents is exhibited,
it cannot be deexhibited. Considering rival submissions of both parties,
it seems that learned predecessor has marked exhibited the documents
below affidavit of chiefexamination of PW1. It is settled law that mere
exhibiting of document does not mean that its contents are proved.
Hon'ble Bombay High Court in Case of Law of Sultan Suleman
Qureshi Vs. Mrs. Anisha Rafiq Charolia : 2016 SCC OnLine Bom.
9798, observed and held that it is settled position in law that once the
documents are marked as exhibit, they cannot be deexhibited.
Hence, in view of above facts and case law; application
Exh.21 stands rejected.
Sd/
Date :13/06/2022. (N.P.TRIBHUWAN)
Dictated on : 13/06/2022. Judge, C.R.No.32,
Checked on : 13/06/2022 City Civil Court,
Signed on : 13/06/2022 Mumbai.
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3 OBE21 in Commercial SU1592019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
13/06/2022 at 4.10 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. N. P. TRIBHUWAN
(C.R.No.32)
Date of pronouncement of Order 13/06/2022
Order signed by P.O. on 13/06/2022
Order uploaded on 13/06/2022
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