Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 2882/2019 in Suit No. 817/2015 1
MHCC010079692019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2882 OF 2019
IN
S.C. SUIT NO. 817 OF 2015
Mr. Vinod Natesan, Advocate. … Plaintiff
Vs.
Elements Homestead Products Pvt. Ltd. … Defendants
Appearances:
Mr. Vinod Natesan, Advocate plaintiff in person present.
Ld. Advocate Mr. Ramesan for defendant present.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO. 15)
DATE : 13th April, 2022.
ORDER
This Notice of Motion is filed by defendant under order XXVI rule
10A read with Section 151 of CPC. In the said Notice of Motion the
defendant submitted that the document filed by plaintiff Exh. C1 and
Exh. C2 are digital Manipulated documents. The defendant submitted
that these two documents are forged documents. Therefore, he
requested to sent these two documents for expert opinion.
2. The Notice of Motion is strongly opposed by plaintiff. It is
submission of plaintiff that in Para 11 of the Written Statement, the
defendant has not specifically denied document at C1. Therefore, now
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NM No. 2882/2019 in Suit No. 817/2015 2
the defendant has no right to deny that document. For document at
Exh. C1, the plaintiff has shown some facts to show that how the
contract between parties was valid and in existence.
3. In the Written Statement the defendant has denied existence of
contract. However, the defendant has not uttered a single word about
document C1.
4. The document C1 and C2 are documents of agreement for
retaining consultancy services. The plaintiff has filed suit on the basis of
documents. Though the defendant has denied existence of contract and
these documents, but in Written Statement he has not mentioned any
thing about document at C1. Now, the defendant has requested to sent
these two documents for scientific investigation. This is the summary
suit based on contract. The suit is pending for marking of documents
after affidavit of evidence from the side of plaintiff. The plaintiff has
filed suit in the year 2015. The documents are of the year 2014. The
defendant came to know about the documents after filing suit. When it
is the statement of defendant that these two documents are forged
document and the Representative of defendant has not signed these
documents. Then why from 2015 till now he has not taken action of
forgery. Now, at the stage of marking documents in the evidence of
plaintiff the said Notice of Motion is tendered. However, the defendant
would get an opportunity to cross examined witness on this point.
Therefore, it is not necessary to sent these documents for scientific
investigation. Accordingly, following order is passed :
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NM No. 2882/2019 in Suit No. 817/2015 3
F. R. S. R. following order is passed:
ORDER
1. Notice of motion No. 2882 of 2019 is hereby dismissed.
2. Notice of motion No. 2882 of 2019 disposed of accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 13/04/2022. City Civil Court, Gr. Bombay
Dictated on : 13/04/2022.
Transcribed on : 13/04/2022.
HHJ signed on : 18/04/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
18/04/2022 04.45 p.m. Mr. Jitesh Suresh Shinde
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 15)
Date of Pronouncement of
JUDGEMENT /ORDER
13/04/2022
JUDGEMENT /ORDER signed by P.O. on 13/04/2022
JUDGEMENT /ORDER uploaded on 18/04/2022
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