Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. Notice of Motion No.3759/2019
MHCC010101942019
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.3759 OF 2019
(CNR NO.MHCC01-010194-2019)
IN
S. C. SUIT NO. 1101 OF 2015
Ajay Bhandarkar )...Plaintiff
Versus
Eyekare Kilitch Ltd., )...Defendant
Appearance :-
Learned Advocate Chirag Mehta for plaintiff.
Learned Advocate Sayli Puri for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 28/08/2024.
O R D E R
1 This notice of motion is filed by plaintiff seeking direction
against defendant to produce document of calculation of Privilege Leave
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..2.. Notice of Motion No.3759/2019
Settlement account of the defendant. Plaintiff has filed this suit for
recovery of arrears of salary and other contractual dues against
defendant company. It is contended that there are certain documents as
to calculation and amount of Privilege Leave Settlement as per the
policy of defendant company in respect of plaintiff’s employment which
is in possession of defendant company. Plaintiff has called upon
defendant company to produce documents as to calculation of privilege
leave settlement account under Order XII Rule 8 of Code of Civil
Procedure, but defendant did not comply, hence, this notice of motion is
filed for direction to produce the said documents in the Court.
2 Defendant resisted the contention by filing reply
contending that the defendant is not entitled for any such privilege
leave settlement and there is no such policy of defendant company. The
defendant also denied that any such document as to calculation and
amount of privilege account is in existence and in possession of
defendant and prayed for dismissal of notice of motion.
3 Heard rival parties at length.
4 It is incumbent on the plaintiff to establish that the
document pertaining to the calculation amount of privilege leave
settlement account is in existence as well as defendant has a policy to
grant privilege leave to the employee. Once it is established, the
plaintiff would be entitled to draw adverse inference on account of
failure of defendant to produce such document, even after service of
notice under Order XII Rule 8 of Code of Civil Procedure. However, no
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..3.. Notice of Motion No.3759/2019
such direction can be given to the defendant as prayed for.
Consequently, I am of the view that the notice of motion is devoid of
merit. Resultantly, I proceed to pass following order :-
ORDER
1. Notice of Motion No.3759 of 2019 in S. C. Suit
No.1101 of 2015, is hereby dismissed.
2. Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 28/08/2024. Court Room No.84
Dictated on : 28/08/2024.
Transcribed on : 28/08/2024.
Signed by HHJ on : 29/08/2024.
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..4.. Notice of Motion No.3759/2019
“Certified to be true and correct copy of the original signed order”.
29/08/2024
at about 3.15 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 28/08/2024
Order signed by Hon'ble Judge on : 29/08/2024
Order uploaded on : 29/08/2024
at about 3.15 p.m.
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