Final Order 2

Order Details: Chamber summons
Pdf Text: 3. C.S. NO. 1921/2019 In Suit No. 2787/2017
MHCC010109682019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Chamber Summons No. 19212019
(MHCC010109682019)
in
L.C. SUIT SUIT NO. 2787/2017
Mehfooz Ahmed Manzoor Ahemed Siddique ….Plaintiff
V/s.
1) Shah Shaheen Mansoor Ahmed and Anr.
….Defendants
CORAM: K. P. KSHIRSAGAR,
Judge
(C.R. No.08).
DATE : 08th April, 2022.
Appearance:
Adv. Neelam Gupta for plaintiff.
Adv. Prashant yadav for defendant no. 01.
ORAL ORDER
1) Plaintiff has taken out this chamber summons for directing defendant no. 01 to
give inspection of documents referred and relied by the defendant no. 01 in affidavit
in reply dt. 27/06/2018 and his written statement at Exh. 03 and to direct defendant
no. 01 to provide copies thereof to the plaintiff.
2) Heard ld. Adv. for plaintiff. Ld. Adv. for defendant no. 01 failed to advance
arguments.
3) Ld. Adv. for plaintiff argued that alongwith the written statement of defendant no.
01, the list of documents is filed at page no. 14. However, defendant no. 01 has not
annexed the said documents with his written statement. Therefore as per letter dt. 06
March 2019, plaintiff had called upon the defendant no. 01 to give inspection of the
documents referred and relied by the defendant no. 01 in his written statement and in
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3. C.S. NO. 1921/2019 In Suit No. 2787/2017
affidavit of reply. However the defendant no. 01 failed to give inspection of the above
documents and to provide copy thereof to the plaintiff hence, chamber summons be
made absolute. Therefore, Ld. Adv. for plaintiff prayed that chamber summons be
made absolute.
4) The defendant no. 01 by his reply to the present chamber summons submitted
that the defendant has already referred and relied the documents in his written
statement and he will produce the documents at the time of filling of evidence and the
documents. Inspection of the above documents is not necessary for disposing fairly
suit. Hence, Chamber Summons be dismissed.
5) Perusal of record reveals that, defendant no. 01 filed his written statement and at
page no. 14 thereof, there is list of documents. Moreover defendant no. 01 also filed
reply to the NM no. 4797/18 and referred and relied upon the documents therein
which are also referred in the list of documents filed alongwith written statement Exh.
03. From the affidavit in reply to the chamber summons it is admitted fact that
defendant no. 01 has referred and relied upon the documents in his pleading which
are referred in the list of documents filed alongwith his written statement. From the
letter of advocate for plaintiff dt. 06/03/2019 annexed with the affidavit in support
of chamber summons, it appears that plaintiff had given notice to the defendant no.
01 for producing the documents referred and relied in the pleading of the defendant
no. 01 for inspection and to provide copy thereof. Admittedly defendant no. 01 inspite
of service of the above notice failed to give inspection of the documents referred and
relied in his pleadings. The documents referred in the list of documents filed
alongwith the written statement of the defendant no. 01 appears necessary for
disposing fairly suit and for saving the cost. Therefore, it will be appropriate to direct
the defendant no. 01 to give inspection of the documents referred in the list of
documents filed alongwith his written statement and to permit plaintiff to take copies
thereof.
6) Considering the matter on record and above discussion, Chamber summons
deserves to be made absolute. Hence court proceeds to pass the following order.
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3. C.S. NO. 1921/2019 In Suit No. 2787/2017
ORDER
1) Chamber Summons No. 1921/2019 is made absolute.
2) Defendant no. 01 is directed to give inspection of the documents referred in the list
of documents at page no. 14 of written statement Exh. 03 to the plaintiff on the next
date in the court itself and to permit the plaintiff to take copies thereof.
3) Chamber Summons No. 1921/2019 is disposed off accordingly.
Date: 08/04/2022 (K.P. Kshirsagar)
Judge
C.R.No.8
City Civil Court Gr. Bombay
Dictated on : 08042022
Checked on : 12042022
Signed by HHJ on : 12042022
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