Order 1

Order Details: Order below exhibit
Pdf Text: 1 Suit No. 3015-19
...Order Below Exhibit - 08
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER ON EXHIBITING DOCUMENTS AT EXHIBIT – 08
IN
SUIT NO. 3015 OF 2019
Smt. Venubai Bheki Kadlak ]….Plaintiff
V/s.
M/s. Jainam Construction & Anr. ]....Defendants
Appearances :
Arti Sonawane for plaintiff.
None for defendants.
CORAM: SHRI. ARVIND. M. BHANDARWAR
JUDGE, CITY CIVIL COURT
(C.R.NO.09)
DATE : 10th OCTOBER, 2025
ORDER
. Case is fixed for hearing on Exhibiting documents.
Defendant No. 1 filed say and 2 failed to file say on documents filed
with list Exhibit - 8. However, advocate for defendant No. 1 was
present. None appeared for defendant No. 2.
2. Heard advocate for plaintiff and advocate for defendant
No. 1 on the point on exhibiting documents filed with list Exhibit – 8.
3. Advocate for plaintiff submitted that some of the
documents are in possession of defendant No. 1 and defendant No. 2.
Plaintiff have only its photocopies. Therefore, notice to produce
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...Order Below Exhibit - 08
documents was given to the defendant No. 1 and defendant No. 2.
However, defendant No. 1 and 2 failed to produce the documents
mentioned in the notice. In view of that it is contended that permission
to adduce secondary evidence with respect to those documents be
granted and documents be marked exhibit(Filed with list Exh.8).
4. Document at Sr. No. 2 is the letter issued for production of
documents. It is filed alongwith postal receipt and acknowledgment
therefore office copy of notice is marked Exhibit - 11 collectively. (Page
No. 3 to 7). Document No. 3 is the original vacation notice. It is marked
as Exhibit-12. The document No. 4 and 5 are admitted by the defendant
No. 1 hence they are marked Exhibit -13 and 14 i.e. photocopy of
agreement and occupants consent Annexure. Document No. 7 is office
copy of notice issued to defendant No. 1 and document No. 9 is order
passed by court. Both the documents are admitted hence document No.
7 and 9 are marked Exhibit -15 and 16.
5. Document No. 6 is the office copy addressed to defendant
No. 1 dated 25-04-2007. Document No. 10 is the photocopy of share
certificate. Document No. 14, 15 and 16 are the letter addressed to
defendant No. 1 and 2. Advocate for plaintiff submitted that document
No. 6, 10, 14, 15 and 16 are in possession of defendants; however, they
have not produced the same. It is contended that compliance of Section
60 and 64 of the Indian Evidence Act (New corresponding Sections 65
and 66 of BSA) is done to adduce the secondary evidence with respect
to these documents hence, prayed that they be made admissible and
permission to lead secondary evidence be granted and they be marked
exhibit.
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...Order Below Exhibit - 08
6. In this regard the plaintiff first needs to establish that
original of these documents are in possession of defendants. If it is
proved that documents are in possession of defendants no.1 and 2, and
failed to produce despite notice, in such case the permission to adduce
secondary evidence can be granted. The above referred documents are
office copies of letter. However, there is no acknowledgment in respect
to receipt of these letters by defendants. The plaintiff has not filed on
record postal receipt or acknowledgment to show prima facie show
documents were sent to the defendants, and are in possession of
defendants. Therefore, it is not proved that the above referred
documents at Sr. no. 6, 10, 14, 15, 16 are in possession of defendants.
Therefore, permission to adduce secondary evidence with respect to
these documents cannot be granted and cannot be exhibited through his
witnesses.
7. Document No. 11 (Page No. 48 to 65) is photocopy of
letter dtd. 1st September 2014 and bears acknowledgment of defendant
No. 1 and 2. In the notice to produce document at Sr. No. 2 there is
mention to produce the document No. 11 dt. 1st September 2014.
There is sufficient evidence to exhibit the documents as secondary
evidence hence it be marked Exhibit-17.
8. Document at Sr. No. 12 is photocopy and there is no
evidence to show that notice to produce was given with respect to
document No. 12. It is photocopy hence it cannot be exhibited.
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9. Document No. 13 bears an original seal and signature of
the defendant No. 1 with respect to receipt of the letter, hence it is
marked Exhibit-18.
10. Advocate for plaintiff prayed to exhibit document No. 1,
indemnity bond dtd. 2nd July 1990. It is the contention that said letter is
in possession of the defendant No. 2. In the notice to produce
document, the same is mentioned. The MHADA has not filed reply and
witness has made a statement that it is executed by the original
plaintiff in the presence of the witnesses. Despite notice to produce said
document, the MHADA has not given reply and no say filed. The subject
to prove all contents of documents, it is marked as Article – A.
(The order is digitally signed; hence, it be uploaded on Case
Information System (CIS) and the printout of the digitally signed order,
additionally signed by me be kept on record as the physical record is
maintained by the Court.)
(Arvind. M. Bhandarwar)
Judge,
City Civil Court,
Gr. Bombay.
Date: 10.10.2025
Dictated on : 09.10.2025
Transcribed on : 09.10.2025
Checked on : 13.10.2025
Signed on : 14.10.2025
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...Order Below Exhibit - 08
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.10.2025 at 12.00 pm Mrs. Shruti Mangesh Raut
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.A. M. Bhandarwar,(C.R.No.09)
Judge.,City Civil & Sessions Court,
Date of pronouncement of
/Order
10-10-2025
Order signed by P.O. on 14-10-2025
Order uploaded on 15-10-2025
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