Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010135072019 Presented on 24/12/2019
Registered on 24/12/2019
Decided on 20/08/2024
Duration 04Y: 07M: 27D
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
CHAMBER SUMMONS NO. 2319 OF 2019
IN
SUMMARY SUIT NO. 3679 OF 2010
(HIGH COURT SUIT NO. 1265 OF 2010)
M/s. Constructive Concrete Constructions, ]...Plaintiff
Vs. ]
M/s. Avenu Shelters Pvt. Ltd., ]...Defendant
Appearance:
Ld. Adv. Reshant Shah i/b. Lex Conseiller for the plaintiff.
Ld. Adv. Jitendra Ahuja for defendant.
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 20/08/2024
O R D E R
01. This Chamber Summons is taken out by the defendant to
give directions to the plaintiff to give inspection to the defendant of the
returns filed by the plaintiff and also statement of ledger of the
defendant maintained by the plaintiff for the financial years from 2007
2016.
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2 Ch/sum No.2319/19 in
Su No.3679/2010
02. The defendant has taken out this chamber summons on
23/11/2019. Plaintiff has not filed reply to the chamber summons.
03. As per the defendant, plaintiff has filed suit against the
defendant for recovery of outstanding amount along with interest on
the basis of false documents. The plaintiff has suppressed the true and
correct facts from the Court. It appears that plaintiff had defaulted
paying Income Tax to the tune of Rs. 63,40,000/ in the financial year
20042005. At that time plaintiff had made submission to the I.T.
Authority to recover the said outstanding from various debtors
including defendant which was allegedly to the tune of
Rs.59,20,058.46. Therefore, an amount of Rs.5,00,000/ and
Rs.2,40,200/ was recovered from defendant on 18/03/2009 and
16/04/2009 respectively. Defendant counsel had issued letter on
13/08/2018, 29/08/2018 and 15/05/2019 to the counsel of plaintiff
and asked to give inspection of documents i.e. Income Tax Returns for
financial year 2007 to 2016. However, counsel for plaintiff replied to
the letter dated 29/08/2018 by email dated 30/08/2018 and refused to
give inspection of returns filed by the plaintiff. Therefore, counsel for
the defendant had requested to the advocate of plaintiff to fix
appointment of giving inspection of returns as well as ledger of the
defendant maintained in the books of plaintiff. The plaintiff advocate
refused to given said inspection vide letter dated 18/06/2019. The
plaintiff is suppressing the said documents. Therefore, it is necessary to
give directions to the plaintiff as per Order 11, Rule 14 of Civil
Procedure Code to produce said documents as same are in the
possession and custody of the plaintiff. If said directions are given, no
prejudice would cause to the plaintiff. Hence, Chamber Summons may
be allowed.
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3 Ch/sum No.2319/19 in
Su No.3679/2010
04. Perused chamber summons and record. Heard both the
sides. On perusing record, it appears that plaintiff has filed suit for
recovery against the defendant. The defendant has contended that
though, he has issued letter through his counsel to the counsel of
plaintiff to give inspection of I.T. Returns for the financial year 2007 to
2016, plaintiff has refused to give the inspection. Further, though
defendant has asked for inspection of ledger account that also refused
by the plaintiff. Plaintiff has filed suit for recovery of amount against
the defendant, it would not be justifiable to give direction to the
plaintiff to give inspection of the ledger account of the defendant
maintained by the plaintiff for the financial year 2007 to 2016. So far
as, Income Tax Returns filed by the plaintiff is concerned, defendant has
not specifically made out why said documents are required to him.
Therefore, considering the facts and circumstances of the case, I am of
the view that it is necessary to give directions to the plaintiff either to
give inspection of ledger account of defendant maintained by plaintiff
for financial year 2007 to 2016 or to produce it before the Court.
Hence, I proceed to pass following order:
ORDER
1. Chamber Summons No. 2319 of 2019 is hereby partly allowed.
2. The plaintiff is directed to give inspection of ledger account of
the defendant maintained by him for financial year 2007 to 2016
within 15 days.
3. Further, it is directed to the plaintiff, if he fails to give the
inspection to the defendant of above documents then plaintiff
shall produce said documents before Court as per Order 11, Rule
14 of C.P.C.
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4 Ch/sum No.2319/19 in
Su No.3679/2010
4. Chamber Summons No. 2319 of 2019 is disposed off accordingly.
(Sangram. S. Shinde)
Adhoc Judge,
City Civil Court, Mazgaon, Mumbai.
C.R.No.81
Date 20/08/2024
Dictated on : 20/08/2024
Corrected & signed on :21/08/2024
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5 Ch/sum No.2319/19 in
Su No.3679/2010
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
21/08/2024 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri. Sangram S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
20/08/2024
JUDGMENT/ORDER signed by P. O. on 21/08/2024
JUDGMENT/ORDER uploaded on 21/08/2024
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