Order 2

Order Details: Order below exhibit
Pdf Text: 1 COM SUI 159/2019 Ex.28
IN THE CITY CIVIL COURT AT MUMBAI.
ORDER BELOW EX.28
IN
COMMERCIAL SUIT No.159 OF 2019
M/s. Alchemine Financial Service Ltd. …PLAINTIFF
VERSUS
Leena Nirmal Chhadava …DEFENDANT
Smt. Sonali Kunekar, learned advocate for plaintiff.
Shri. Paras Vira, learned advocate for defendant.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN (C.R.NO.32)
O R D E R
(Delivered on 30/09/2022)
Plaintiff has filed this application for permission to file
certified document on record. Advocate of deft filed say on overleaf of
this application and contended that the defendant is denied contents,
execution and authenticity of the documents.
2. Heard Counsel of both parties. Perused record. As per
Order XI of CPC (Commercial Court Act Amendment), the plaintiff shall
file all documents and photocopies of all documents in its power,
possession, control or custody, pertaining to the suit, alongwith plaint.
As per Rule 3 the plaint shall contain a declaration on oath from the
plaintiff that all documents in the power, possession, control or custody
of the plaintiff pertaining to the facts and the circumstances of the
proceedings initiated by him have been disclosed and copies thereof
annexed with the plaint, and the plaintiff does not have any other
documents in its power, possession, control and custody.
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2 COM SUI 159/2019 Ex.28
3. Rule 5 of Order XI provided that the plaintiff shall not be
allowed to rely on documents which were in the plaintiff’s power,
possession, control or custody and not disclosed alongwith plaint or
within the extended period set out above, save and except by leave of
the court and such leave shall be granted only upon the plaintiff
establishing reasonable cause for non disclosure alongwith plaint.
4. In the present case plaintiff had filed photocopies of the
document previously on record. Today plaintiff is filed certified copy of
those documents which were marked as article X1 to X4. There is
disclosure of the said document alongwith plaint. Therefore, in view of
the aforesaid provision it is desirable to allow plaintiff to produce
certified copies of documents of which photocopy article X1 to X4 is
on record. Hence, I pass following order.
ORDER
1. Application Exh.28 is allowed.
2. Certified copies of : i) Promissory note dt.18/04/2012,
ii) Ledger statement, iii) Cheque with memo, iv) Notice
under section 138 of NI Act filed with list Ex.29 are
allowed to file and marked Exhibit No.30, 31, 32, 33,
respectively.
Date : 30/09/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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3 COM SUI 159/2019 Ex.28
Dictated on : 30/09/2022.
Checked on : 30/09/2022.
Signed on : 30/09/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
(Mr. P. A. Ghodke)
UPLOAD DATE AND TIME NAME OF CLERKTYPIST
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 30/09/2022.
Order signed by P.O. on 30/09/2022.
Order uploaded on 30/09/2022.
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