Interim Order 5

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
Coram : Shrikrishna H. Inamdar,
Judge, Court Room No.33
Date : 10th July, 2025
R. A. E. Suit No. 368/2023
Order on admissibility of documents (Exh.21)
Plaintiff has filed affidavit of examination-in-chief of PW-1 –
Shailesh Hasmukhlal Kapadia at Exh.20. Plaintiff filed and relied on
documents produced as per list Exh.21. Defendant strongly opposed by
filing reply at Exh.22.
Perused affidavit of examination-in-chief of PW-1, Documents
produced on record and reply filed by defendant. Heard both sides.
Document at Serial No.1 is true copy of extract of resolution of
plaintiff society passed in Special General Body Meeting dated
09.04.2023. Plaintiff is ready to bring original Minutes Book of society
for perusal of defendant. Said extract is marked as Exh.24.
Document at Serial No.2 is xerox copy of certified copy of
Conveyance dated 17.02.2023. Certified copy is produced on record in
R.A.E. Suit No.347 of 2023. It is certified by Competent Authority.
Plaintiff is relying on it. Therefore, it is marked as Exh.25.
Document at Serial Nos.3, 4 and 5 are correspondence between
Adity Infrastructure and plaintiff society regarding proposed
development offer and revised offer. Original are produced in R.A.E.
suit No.347 of 2023. Plaintiff is relying on those documents. Therefore,
they are marked as Exh.26, Exh.27 and Exh.28.
Document at Serial No.6 is extract of Resolution passed in
Special Meeting of plaintiff society dated 17.08.2018. Plaintiff is ready
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to bring original Minutes Book for perusal of defendant. Therefore, it is
marked as Exh.29.
Document at Serial No.7 is office copy of letter issued to M/s.
Aditya Infrastructure regarding appointment as developer for
redevelopment of the society. Original is produced in R.A.E. Suit No.347
of 2023. It is marked as Exh.30.
Document at Serial No.8 is letter of acceptance given by
developer to plaintiff society on 04.12.2018. Original is produced in
R.A.E. Suit No.347 of 2023. Plaintiff is relying on said letter. It is
marked as Exh.31.
Document at Serial No.9 is extract of Resolution passed in
Special Meeting of plaintiff society dated 09.04.2023. Plaintiff is ready
to bring original Minutes Book for perusal of defendant. Therefore, it is
marked as Exh.32.
Document at Serial No.10 is draft of development agreement. It
is marked as Article ‘X’.
Document at Serial No.11 is order passed by Collector (Stamp)
Andheri dated 19.04.2023. It is stated that original letter is lost.
Therefore, its copy is marked as Exh.33 subject to cross-examination of
defendant.
Document at serial Nos.12 and 13 are office copies of letter dated
28.04.2023 and 24.07.2023 issued to defendant by plaintiff society.
Said letters are received by defendant through R.P.A.D. They are
Collectively marked as Exh.34 and Exh.35.
Document at Serial No.14 is letter dated 15.02.2024 issued by
Aditya Infrastructure to plaintiff society along with plan. It is marked as
Exh.36 subject to cross-examination.
Document at Serial No.15 is undertaking given on behalf of M/s.
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Aditya Infrastructure by Mukesh Raiyani. It is executed before Notary.
Plaintiff is relying on it. It is marked as Exh.37 subject to cross-
examination.
Document at Serial No.16 is separate undertaking given on oath
by PW-1 Shailesh Kapadia. It is marked as Exh.38.
[ Matter is adjourned for cross-examination of PW-1 by
defendant.]
Sd/-
( Shrikrishna H. Inamdar)
Date : 10.07.2025 Judge, C. R. No.33
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