Interim Order 4

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 29
IN
R. A. E. SUIT NO. 120 OF 2023
(CNR No.-MHSCA-30001892023)
Gertrude Leslie Pires, ...Plaintiff.
Versus
Ankush Shetge, ...Defendant.
Appearance:-
Ms. Eventa Gonsalves, ...Ld. Advocate for the plaintiff.
Kirti M. Samdade, ...Ld. Advocate for the defendant.
Coram :- L. B. M. M. A. Syed
Judge,
C .R. No. 35 [B.B.]
Date :- 7th May, 2025.
ORDER :
By way of this application, the plaintiff is seeking to adduce
additional evidence.
2. It is contention of the applicant/plaintiff that, he has filed
affidavit by way of examination-in-chief on 22.02.2024 vide Exh. 22 and
also filed list of documents below Exh. 23. The order of admissibility of
documents was passed on 06.07.2024 below Exh. 23. It was held that,
the documents at serial Nos. 4 to 9 are copies of electricity bills and
were obtained online and also the documents at serial Nos. 10 to 11 are
copies of extracts of account statements obtained from website.
Therefore, this court was pleased to mark Article-X(colly) the serial Nos.
4 to 9 and Article-X-1 the documents at serial Nos. 10 to 11. Thereafter,
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.. 2 .. EXH-29 R.A.E. Suit No. 120 of 2023
the applicant has addressed letter to Tata Power electricity providers on
19.08.2024 to furnish certified copies of electricity bills along with
consumer account statement. According to her prayer, Tata Power has
given certified copies of above documents. She further submits that, it is
necessary to prove the electricity bills and consumer account statement
of Tata Power. Therefore, he prayed to take said documents on record
and he be permitted to adduce additional evidence and to prove above
documents.
3. The defendant has filed say at Exh. 30 and objected the
application by the applicant. He submits that, the defendant being the
tenant of the suit property residing in the same premises and the light
bills is on the name of the defendant and as per the service provider the
service provider never used to furnish the copy of the light bill without
the consent of the persons on whose name the service has been
provided. He further submits that, the defendant is the person on whose
name the service provided has provided the electricity service and
therefore, without consent of they cannot give details of the suit
premises. He further submits that, copies despite application to Tata
Power. Hence, prayed to reject the application.
4. Heard both the Ld. Advocates and their respective parties.
The plaintiff sought to file additional evidence by producing certified
copies of electricity bills. For that purpose, he has filed an application to
Tata Power to issue certified copies of electricity bills. Accordingly, he
obtained the said certified copies. Therefore, keeping point open as to
admissibility of the said the documents as per Indian Evidence Act, the
application deserves to be allowed. Hence, in the sequel I pass following
order:-
/home/steno35/Syed L.B.M.M.A - Judge C.R. No.- 35/May- 25/Orders/7-5/120- 2023- RAE Exh- 29).odt
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.. 3 .. EXH-29 R.A.E. Suit No. 120 of 2023
: O R D E R :
1. Application is allowed.
2. Plaintiff is permitted to adduce additional evidence
keeping the point in respect of admissibility of
documents.
(Dictated and pronounced in open Court.)
(L. B. M. M. A. Syed)
Date : 07.05.2025 Judge, C.R. No. 35(B.B.)
Order dictated on : 07.05.2025
Order transcribed on :07.05.2025
Order checked and signed on :07.05.2025.
/home/steno35/Syed L.B.M.M.A - Judge C.R. No.- 35/May- 25/Orders/7-5/120- 2023- RAE Exh- 29).odt
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