Final Order 1

Order Details: Order
Pdf Text: Ch/s No.401/21 in Suit No.3685/18 1 Order
MHCC040032812023
IN THE CITY CIVIL COURT FOR GR.MUMBAI AT DINDOSHI
BORIVALI DIVISION, MUMBAI
CHAMBER SUMMONS NO.401 OF 2023
IN
S. C. SUIT NO.3685 OF 2018
Uttam Chand Garg ... Plaintiff.
Vs.
1. M/s. Kapila and Co. & Ors. ... Defendants.
Advocate Manoj Pandit, for Plaintiff.
Advocate Kachare for Defendant Nos.2 & 3.
CORAM : HIS HONOUR JUDGE,
SHRI. TUSHAR T. AGLAWE
(C.R. No.16)
Date : 26th October 2023.
ORDER
Plaintiff has taken out this chamber summons for direction
against defendant No.1 to 3 to produce original agreement for sale and
for direction against defendant No.4 to produce share certificate,
membership forms, maintenance bill in respect of suit property.
2. Perused affidavit in support of chamber summons and
affidavit in reply filed by defendant No.2 & 3.
3. Contention of plaintiff is that the original agreement for
sale is in possession of defendant No.1 to 3. Whereas, the other
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Ch/s No.401/21 in Suit No.3685/18 2 Order
documents such has share certificates, membership forms, maintenance
bill etc. are in possession of defendant No.4. Therefore, the defendants
be directed to produce original documents on record.
4. Defendant No.2 & 3 have strongly opposed the chamber
summons.
5. Heard the Ld. Advocate for both parties.
6. Perused record. The suit is at interim stage i.e. at the stage
of order on prayer for temporary injunction. Written statement of
defendants is not on record and issues are not yet framed. Plaintiff has
saught for production of original documents by the defendants. That
stage is yet to come. Order XIII rule I of CPC contemplates for
production of original documents at or before settlement of issues.
Defendants are bound to produce original documents in their
possession, relied upon by them, at later stage of suit. Hence, chember
summons will have to be dismissed at this stage. Hence, the order.
ORDER
1. Chamber Summons No.401 of 2021 is dismissed.
2. Chamber Summons No.401 of 2021 is disposed of accordingly.
26/10/2023 ( Tushar T. Aglawe )
Judge, City Civil Court,
Borivali Division, Dindoshi, Mumbai.
Dictated on : 26/10/2023
Transcribed on : 26/10/2023
Checked & Signed by HHJ on : 26/10/2023
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Ch/s No.401/21 in Suit No.3685/18 3 Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOADED ON 27.10.2023 AT 05.30 PM Pradeep Thorat
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.) HHJ Shri. T. T. Aglawe, C.R. No.16.
Date of Pronouncement of Judgment/Order. 26/10/2023
Judgment/Order signed by P.O. on 26/10/2023
Judgment/Order uploaded on 27/10/2023
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