Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
Order below Exh. 12
in
R.A.D. Suit No. 197 of 2022
(CNR No.MHSCA30004172022)
Mr. Shashikant Madhukar Jadhav ... Plaintiff.
Versus
Sanghvi Brothers & Ors. ... Defendants.
Learned Advocate Pandey & Co., for Plaintiff.
Learned Advocate Ms. Snehal Modi, for Defendants.
Coram : Shri. A.B. Hodawadekar
Judge, C.R.No.34(BB),
Date : 15.02.2023
ORAL ORDER :
1. This application filed by the defendants for directions to
the plaintiff to provide complete copy of the plaint or to provide missing
internal page No. 9 and also legible copy of documents mentioned in
this application.
2. It is contended by the defendant No. 2 that, they have been
served with writ of summons along with list of documents annexed with
it. In the copy of plaint internal page No. 9 is missing and the
documents at Exh. D to Exh. H and Exh. K – Photographs are not legible.
Hence, defendants prayed as aforesaid, by condoning the delay, if any.
3. Plaintiff filed reply at Exh. 14 and contended that, writ of
summons was served upon the defendant on 09.06.2022 and defendant
waited for more than two months to file this application. All other facts
are denied by the planitiff and prayed to reject the application with
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costs.
4. Heard learned advocate Smt. Madhura Kate for defendant
Nos. 2 and 3 and learned advocate Smt. Sapna Pandey for plaintiff.
They argued as per contents in the application and reply, respectively.
5. I thoughtfully considered rival contentions. On perusal of
plaint, it appears that, the internal page No. 9, in fact, is missing,
whereas copies of Exh. D to Exh.H and Exh. K are not clear. The
learned advocate of plaintiffs submitted that, photocopies of originals
are not copied clear. Plaintiff is ready to give inspection to defendant of
the original documents. In view of the above, I pass following order :
O R D E R
1. Application is allowed as follows :
a) Plaintiff to take necessary steps as per
law to correct the lacunae in the plaint
as regards missing page No. 9.
b) Plaintiff to provide inspection of
original documents to the defendants,
which are mentioned in the
application, on giving prior notice to
the plaintiff.
2. Costs in cause.
Place : Mumbai (A.B. Hodawadekar)
Date : 15.02.2023 Judge, C.R.No.34(BB)
Dictated on computer : 15.02.2023
Checked on : 16.02.2023
Signed on : 18.02.2023
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