Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION N0.3482 OF 2019
IN
S.C.SUIT NO.7849 OF 2004
(CNR NO.MHCC010094972019)
Mr. Vidyasagar Sah )...Plaintiff.
Versus
Survival Systems Limited And Ors )...Defendants.
Appearance:
Ld.Advocate Mr.Lulla a/w. Adv.Sanjana Prajapati for plaintiff.
Ld.Advocate Mr.Dalal a/w. Adv. Mr.Kapur for defendant no.2.
Defendant nos.1 and 3 absent.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :27/01/2020 (C.R.No.31)
O R D E R
This notice of motion is taken out by the plaintiff for taking
inspection of the documents relied on behalf of the defendants.
Perused the record.
2. Learned counsel on behalf of the plaintiff has submitted that the
defendants relied documents in their written statement are not
produced by the defendants. Therefore, the plaintiff could not peruse
the documents which are relied on behalf of the defendants. Therefore,
it requires inspection of the documents relied on behalf of the
defendants, directing them i.e. defendant nos. 1 and 2 to make
available the documents which are relied by the defendants in their
written statement.
-- 1 of 4 --
2
3. The learned counsel on behalf of the defendant no.2 has
submitted that defendant no.2 will produce the documents in due
course. At this stage, plaintiff is not compelled to the defendants for
production of the documents for inspection. It is pertinent to note that
defendant no.2 has admitted that the defendant no.2 will produce the
documents in due course, but, at this stage, if it is directed to the
defendant nos.1 and 2 to produce documents which they relied on the
documents mentioned in the written statement, then it will not cause
any injustice on the part of defendants. Therefore, I am inclined to
allow this notice of motion. Hence, I proceed to pass following order.
ORDER
1. Notice of motion no. 3482/19 is hereby allowed as prayed for.
2. Defendant nos.1 & 2 are hereby directed to produce documents
which are relied by them in their written statement to the plaintiff for
inspection.
3. Notice of motion no.3482/19 is disposed off accordingly.
Date : 27/01/2020 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 27/01/2020
Transcribed on: 27/01/2020
Signed by HHJ: 27/01/2010
-- 2 of 4 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/01/2020 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
27/01/2020
Judgment/order signed by P.O on 27/01/2020
Judgment/order uploaded on 28/01/2020
-- 3 of 4 --
4
-- 4 of 4 --