Kantilal Champalal Kothari and Ors.VsThe Bharat Building Company and Ors.

Date: 22-10-2019
Business: Advocate Dalal for Plaintiff present
Advocate Yatin R. Shah for Defendant no.3 present and filed registered Notice of Motion no.3889/2019 with affidavit in support for setting aside order dated 27/09/2019 passed for closing evidence of Defendant no.3 and further for permitting Defendant no.3 to lead secondary evidence in respect of documents produced by Defendant no.3 along with Exh.93 t.o.r.
Advocate Deepali Patil for BMC present and submitted that summons is served upon concerned BMC officer, however as he was busy in yesterdays assembly election, on next date, said witness will remain present with documents.
Case is adjourned to 04/11/2019 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Advocate Dalal for Plaintiff present
Advocate Yatin Shah along with advocate Harsha Shah for Defendant no.3 present.
Nasir Khan, Sub Engineer, N Ward, Mumbai present and submitted that he has brought original file of the documents sought by Defendant no.3.  Thereupon, advocate for Defendant no.3 submitted that she will go to office of BMC.  Plaintiff\''s advocate also submitted that Plaintiff\''s representative will also  remain present at the office of witness and both parties will verify the documents so that documents sought by Defendant no.3 can be produced by the witness as per witness summons.
Considering submissions adjourned to 02/12/2019 for filing of the documents by witness after verification of the documents by the parties.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Mr. Zubin Dalala  for Plaintiff present.
Adv. Ms. Apurva Pawar  for defendant present.
K.B.
Adv. Mr. Yating Shah for defendant no. 3 present. And submitted that BMC officer is coming to the court with original record Hence Matter will be KB.
Adv. For defendant no. 3 filed pursis to the effect that advocate for defendant no.3 has verified the documents brought by witness BMC officer Nasir Ahmed Khan and defendant no. 3 will file on next date the certified copies of the documents from the documents brought by witness. Pursis taken on record and marked as Exh-
Witness BMC officer Nasir Ahmed Khan is discharged in view of the pursis filed by defendant no. 4
Case is adjourned to 11.12.2019 for filing the pursis.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Advocate Ms. Patel for Plaintiff present
None present for Defendant.
K.B. as the matter is time bound.
L.O.
Advocate Ms. Patel for Plaintiff present
Advocate Ms. Harsha Shah for Defendant present and submitted that Defendant no.3 is with BMC officer for getting certified copies of the documents and on next date NM will be argued. Considering submissions adjourned as a last chance.
Parties are directed co-operate with this Court for early disposal of this time bound matter.
Case is adjourned to 16/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Advocate Ms. Vandana Singh for Plaintiff present
Advocate Ms. Apurva Pawar for Defendant no.3 present  and again BMC officer has issued the copies of the documents under RTI Act and Defendant no.3 will try to get certified copy.  Considering submissions adjourned.
Case is adjourned to 02/01/2020 for Compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Counsel Mr. Dalal for Plaintiff present
None present for Defendants.
K.B. L.O. at 2.45 p.m.
Advocate Ms. Patel for Plaintiff present
Advocate Ms. Apurva Pawar for Defendant no.3 present and submitted that she has received certified copies from BMC and she will file those certified copies of the documents with application for production the documents and list of documents.
K.B. L.O. at 4.00 p.m.
Advocate Ms. Apurva Pawar for Defendant no.3 filed an application for production of documents, list of documents with compilation of documents, t.o.r.  Application is marked as Exh.95. O-Production of documents allowed.
Advocate for Plaintiff filed her reply in respect of admission and denial of documents upon list of documents itself.
Case is adjourned to 07/01/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Advocate Mr. Dalal for Plaintiff present
None present for Defendant.
K.B.
L.O. at 3.45 p.m.
Advocate Ms. Patel for Plaintiff present and submitted that counsel Mr. Dalal is busy in another court.
Advocate Mr. Yatin Shah for Defendant no.3 present
By consent, case is adjourned to 10/01/2020 for NM for hearing.  As the suit is HC time bound, both parties are directed to remain present on next date at 11.00 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Advocate Ms. Patel for Plaintiff present
Advocate for Defendant no.3 present and requested to keep the matter back at 2.45 p.m.
K.B.
Advocate Mr. Dalal for Plaintiff present and filed affidavit in reply to Notice of Motion no.3889/19, t.o.r.
Advocate Ms. Harsha Shah for Defendant no.3 present and submitted that she will issue witness summons to BMC office for the purpose of exhibiting the documents filed below application  Exh.95 by comparing them with the original documents, hence matter may be adjourned.  Considering submissions adjournment granted for taking steps by Defendant no.3 for issuing witness summons.
Case is adjourned to 14/01/2020 for taking steps by Defendant no.3 for issuing witness summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Advocate Ms. Patel for Plaintiff present
Advocate Ms. Apurva Pawar for Defendant present and filed an application for issuance of witness summons, t.o.r. O-Plaintiff to say.
Case is adjourned to 16/01/2020 for reply on Exh.96.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Advocate Ms. Patel for Plaintiff present and filed reply to Exh.96, t.o.r. Copy served upon advocate for Defendant no.3.
Advocate Ms. Pawar for Defendant no.3 present
By consent, case is adjourned to 20/01/2020 for hearing Exh.96.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: None present for Plaintiff.
Advocate Mr. Shivam h/f Adv. Shah for Defendant no.3 present and requesting to keep matter back.
L.O.
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 21/01/2020.
Next Purpose: HEARING
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Advocate Mr. Dalal for Plaintiff present
None present for Defendant.
K.B.
L.O. at 11.15 a.m. Same appearance.
K.B.
L.O. 12.10 p.m.
Advocate Mr. Dalal for Plaintiff present.
None present for Defendant no.3.
Advocate for Plaintiff submitted that he will proceed for his arguments about Exh.196.  Advocate Mr. Dalal submitted that first witness summons was issued on 30/07/2019 which was rejected by the court on the ground that Defendant no.3 may file certified copies of the documents.  Thereafter, Defendant no.3 has produced under Exh.92, copies of the documents received under RTI. Thereafter, on 13/09/2019 second application Exh.93 was filed for issuing witness summons in respect of same document.   In response to the witness summons on 04/11/2019 witness has come with documents to the court. After verification of original documents brought by the witness, on 02/11/2019 Defendant no.3 has filed pursis to the effect that Defendant no.3 will file certified copies of the documents brought by witness, however Defendant no.3 has filed true copies and not the certified copies that thereafter this application Exh.96 is moved for issuing witness summons for producing the documents.  It is submitted that the documents in question were submitted by Defendant nos.1 and 2 to BMC.  Hence, according to advocate Mr. Dalal application Exh.96 is necessary to be dismissed because section 76 of Indian Evidence Act requires that certified copies of public document only can be exhibited.  Lastly, it is pointed out that on 27/09/2019 court has directed to file evidence closure pursis and matter was posted for final arguments, thereafter Defendant no.3 has taken out Notice of Motion no.3889/19 for setting aside order dated 27/09/2019 and for permitting Defendant no.3 to adduce secondary evidence of the documents and such a secondary evidence could have been filed by way of certified copies. Inspite of it, Defendant no.3 has not filed certified copies and again asking for issuing of witness summons which is not permitted.
K.B. for arguments by Defendant no.3 in respect of application Exh.96.
L.O. at 1.25 p.m.
Advocate for Plaintiff present.
Advocate Ms. Harsha Shah for Defendant no.3 present and referred section 76 of Indian Evidence Act which is as under,
76. Certified copies of public documents-Every public officer having the custody of public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, where-ever such officer is authorized by law to make use of the seal, and such copies so certified shall be called certified copies.
Advocate for Defendant no.3 submitted that the documents filed below application Exh.95 and list annexed to it are certified copies of public documents as per section 76 of Indian Evidence Act, hence they can be exhibited.  Advocate for Defendant no.3 in afternoon, he will inform the court that whether Defendant no.3 is intending to proceed with application Exh.93 or not.
K.B.
L.O. at 2.45 p.m.  Same appearance.
Advocate for Defendant no.3 submitted that Defendant no.3 is not intending to proceed with application Exh.96 in view of submissions made by her in the morning.  Considering submissions,  application Exh.96 stands disposed off as filed.
Case is adjourned to 30/01/2020 for NM for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Resumed at 11.00 a.m.
Advocate Ms. Patel for Plaintiff present
None present for Defendant no.3.
K.B.
L.O. at 2.45 p.m.
Advocate  Ms. Patel for Plaintiff present
Advocate Ms. Harsha Shaha for Defendant no.3 present and submitted that today itself the copy of affidavit of reply of Notice of Motion no.3889/19 is served upon Defendant no.3, hence Notice of Motion will be argued on next date.
Case is adjourned to 05/02/2020 for NM for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Advocate Ms. Patel for Plaintiff present
Advocate Mr. Purva Pawar for Defendant no.3 present and filed rejoinder to Notice of Motion, t.o.r. Copy served advocate for Plaintiff.
Plaintiff\''s advocate submitted that Plaintiff will go through the rejoinder and after Mr. Dalal will come to the court NM will be argued.
K.B.
L.O.
Advocate Mr. Dalal with advocate Ms. Patel for Plaintiff present
Advocate Mr. Purva Pawar for Defendant no.3 present
Case is adjourned to 10/02/2020 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Counsel Mr. Dalal with advocate Ms. Patel for Plaintiff present
Advocate Ms. Apurva Pawar for Defendant no.3 present and requested to keep the matter back.
K.B. at second session.
L.O. at 4.45 p.m.
Advocate Ms. Patel for Plaintiff present
Advocate Mr. Yatin Shah for Defendant no.3 present
Heard advocate for Defendant no.3.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.3889 of 2019 stands dismissed with liberty to Defendant no.3 to take necessary steps for getting exhibited documents filed below application below Exh.95 and list annexed to it, subject to proof of contents of those documents.
Case is adjourned to 21/02/2020 for evidence of Defendant no.3 for getting exhibited documents filed by Defendant no.3 below Exh.95, subject to proof of contents of  those documents.
Nature Of Disposal: DISMISSED
Disposal Date: 10-02-2020

Main Case No: SUIT/0110320/1973
Main Cnr: MHCC010000181972
Main Filing No: 111447

Filing Number: 111481/2019
Filing Date: 19-10-2019
First Hearing Date: 22nd October 2019
Decision Date: 10th February 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE