Interim Order 1

Order Details: Order on Exhibit
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Coram : R. R. Kale,
Judge, C.R.No.35(B.B.)
Date : 30th September, 2024.
Mesne Profits Application No. 3 of 2023
In
L. E. & C. Suit No. 65/ 98 OF 2008
ORDER ON LIST VIDE EXH. 15 WITH REGARD TO ADMISSIBILITY
OF DOCUMENTS.
Perused the documents annexed to the list vide Exh.15 and
the say filed defendant at Exh. 16. I have gone through evidence of
P.W. 1 Mrs. Meena Deepoo Vaswani filed at Exh. 14. Heard both sides
at length.
2. The documents at serial No.1 appear to be Resolutions of
the plaintiff company dated 21.04.2009 and 24.01.2013. The
defendant firm has not admitted said documents and taken objection
to exhibit the same on the grounds that, the plaintiff has neither
relied upon nor produced any of the documents in his main
application ; the documents are beyond pleadings ; no leave has
been obtained for producing the said documents ; these documents
are xerox copies and therefore, these cannot be exhibited. The P.W. 1
Meena (Exh.14) has stated about the said documents in para No. 1 of
her evidence affidavit. I have gone through these two documents. It
seems that, these are certified copies of Resolutions passed by Board
of Directors of the company and it is verified by an Executive Director
of the plaintiff company. Now, coming to the objections taken by the
defendant firm ; it is mesne profits petition filed under Order XX Rule
12 of the C.P.C. The Court has to determine the quantum of mesne
profits and liability of the defendant firm to pay amount towards
mesne profits to the plaintiff company. Admittedly, the main suit i.e.
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L. E. & C. Suit No. 65/98 of 2008 has been decided on merits and
decreed against defendant firm vide Judgment and order dated
29.08.2023. Therefore, considering the scope of mense profits
proceedings and as the defendant firm is having right to cross
examine the witness of the plaintiff company with regard to contents
of Resolutions ; Certified copies of Resolutions be exhibited
collectively.
3. The plaintiff company has produced on record at serial
No. A ( filed along with Main mense profits application) the certified
copy of Judgment dated 29.08.2023 passed in L. E. & C. Suit No.
65/98 of 2008. It is a certified copy of the Judgment and it is already
exhibited as Exh. 2. Therefore, the question of re-exhibiting the
document does not arise.
4. The plaintiff company has produced on record at serial
No. 2 the certified copy of Decree dated 29.08.2023 passed in L. E. &
C. Suit No. 65/98 of 2008. It is a certified copy of Decree, hence, it be
exhibited.
5. The documents at serial Nos. 3 and 5 appear to be
statements of the mesne profits given by P.W. 1 Meena (Exh.14). The
defendant firm has taken objection to exhibit said documents mainly
on the grounds that, witness is not author of said documents and said
statements are merely signed by her on the basis of Valuation report
of Valuer. On perusal of said statements it seems that, those are
merely signed by P.W. 1 Meena. It seems that on the basis of Valuation
report the P.W. 1 Meena has given these two statements. The plaintiff
has to prove that, the defendant is liable to pay monthly
compensation from 16.06.2008 upto 31.03.2024 to the tune of Rs.
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2,51,92,211.52/- and profits earned by the defendant from the user
of the suit premises to the tune of Rs. 11,88,00,000/-. Therefore, I do
found substance in the argument and objection advanced/taken by
the defendant. Therefore, these statements be marked as Article- X
and Article- X-1respectively.
6. The document at serial No. 4 appears to be Valuation
report dated 09.10.2023 prepared by M/s. Khandekar Architects and
Surveyors. The defendant firm has not admitted said document.
Though P.W. 1 Meena (Exh.14) has stated about the said document in
her evidence affidavit, however, she is not author of said document.
Therefore, it cannot be exhibited. It be marked as Article-X-2.
7. The documents at serial Nos. 6 and 7 appear to be Leave
and License Agreements executed between Licensors and M/s.
Meghavi Wellness Pvt. Ltd. The defendant firm has not admitted said
document mainly on the ground that, these are beyond pleadings and
documents are not referred and relied into mesne profits application.
The P.W. 1 Meena (Exh.14) has stated about these documents in para
No. 18 of her evidence affidavit. Though, plaintiff company has not
relied on these documents in main application, however, considering
scope of mesne profits application and as the plaintiff company is
party to the said documents, hence, these documents be exhibited
collectively.
( Matter be kept for cross examination P.W. 1) Sd/-
( R. R. Kale )
Date :30.09.2024. Judge, C. R.No.35 (B.B.).
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