Interim Order 3

Order Details: Order on Exhibit
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CNR NO.MHSCA-30012572022
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.25
IN
R.A.E. SUIT NO. 24 OF 2023
M/s. Mittal Estate . . Plaintiff.
Versus
1. M/s Exotica and anr. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.37
Date : 13/11/2024.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendants for to
direct the plaintiff to give inspection of the documents referred to
and relied upon by the plaintiff in the plaint and as called upon in
the letter dated 8/5/2023. By filing present application it is
contended that before filing written statement defendant through
their advocate sent letter dated 8/5/2023 addressed to earlier
advocate for plaintiffs requesting the plaintiffs to give inspection of
documents that are referred to and relied upon in the plaint filed in
this suit to enable the defendant No.1 filed their written statement,
The defendant did not reply to the said letter dated 8/5/2023. The
defendant No.1 again through their advocate sent reminder letter
dated 2/8/2023 to the present advocate for the plaintiffs. Inspite of
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receipt of both letters, plaintiff has failed and neglected to give
inspection of the documents referred to and relied upon in the plaint.
However, as this defendant No.1 had to file their written statement,
they have filed their written statement without taking full inspection
of documents. Therefore, it is necessary to direct the plaintiff to give
inspection of original documents relied in the plaint and as called
upon in the letter dated 8/5/2023.
4. On the other hand, plaintiff by filing reply Exh.28
resisted the application and contended that the application taken out
by the defendant No.1 is not maintainable, all the documents
annexed to the copy of plaint served upon the said defendant,
therefore there is no question arises of inspection of documents. The
defendant is aware about the documents relied upon by the plaintiffs
and therefore, there is no question of giving any inspection. It is
further contended that the defendant has not made out any case for
grant of present application, therefore submitted that application
may be dismissed with costs.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings, by way of this application defendant No.1
seeking relief of to direct the plaintiffs to give inspection of the
documents referred to and relied upon by the plaintiffs in the plaint
and as called upon in letter dated 8/5/2023. As per the provisions of
Order XI Rule 15 of the Code of Civil Procedure, 1908, every party to
the suit shall be entitled (at or before settlement of issue) to give
notice to other party in whose pleadings or affidavits reference is
made to any document or who has entered any document in any list
annexed to his pleadings to produce such document for the
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inspection of the party giving such notice. In this suit, the defendant
No.1 served notice to produce documents to the plaintiffs. As per the
provisions of Order XI Rule 15 of the Code of Civil Procedure, 1908,
the defendant No.1 is entitled for inspection of documents referred
in and/or relied upon by the plaintiffs in the plaint. No harm will be
caused to the plaintiffs if the present application is allowed. Hence, I
proceed to pass following order.
ORDER
1. Application is allowed.
2. Plaintiff is directed to give inspection of
documents referred to and relied upon by the
plaintiff in the plaint and as called upon in
letter dated 8/5/2023, within one month to
the defendant No.1.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 13/11/2024. Judge, C.R.No.37.
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