Mr. Jayesh Chunila Doshi v. Mr. Virendra Chunilal Doshi And ORS

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6654 OF 2018 Jayesh Chunilal Doshi ... Petitioner Vs.

Shri Virendra Chunilal Doshi & Ors.

... Respondents Mr.Satyan N. Vaishnawa with Nupur J. Mukherjee i/b M/s.N.N. Vaishnawa & Co.for the Petitioner Mr.Nitesh Bhutekar for the Respondents CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JUNE 26, 2018 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

In this Writ Petition, the order dated 5.5.2018 passed by the learned Judge of the Bombay City Civil Court, Greater Bombay, thereby rejecting Chamber Summons No.725 of 2018 in Suit No.4165 of 2009, is challenged. The Chamber Summons was filed by defendant No.1, who is the petitioner, for production of the documents. The plaintiff has filed the suit for dissolution of partnership and rendition of accounts.

3.

My attention is drawn to the order dated 6.4.2018 wherein the Court has recorded that the advocate for the defendant insisted for production of documents and copies thereof and the learned Counsel for the plaintiff has submitted that the plaintiff would provide inspection before the Court only. The matter was fixed for inspection of the record by the defendant on 13.4.2018. It is submitted by the learned Counsel for the respondent that however, instead of taking inspection on that day, the defendant filed Chamber Summons.

4.

The learned Counsel for the petitioner has submitted that he is ready to take inspection of the documents of the suit partnership firm only. In view of the earlier order dated 6.4.2018 and the prayer made by the defendant for production of the documents in the Chamber Summons, I am of the view that the matter is to be fixed for inspection of the documents. Accordingly, the plaintiff shall bring all the documents of the partnership firm as he has stated earlier in the order dated 6.4.2018 on 28.6.2018 as the matter is already scheduled on that date and the defendant to take inspection of those documents within 10 consecutive days thereafter.

5.

With this order, the Writ Petition is disposed of. (MRIDULA BHATKAR, J.)