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Bombay High CourtNMS/328/2017disposed off

Maurice Correa v. Dirk Allams And 8 ORS.

2018-06-26Hon'Ble Shri Justice G.S. Patel1 pages

37-NMS328-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 328 OF 2017 IN SUIT NO. 735 OF 2004 Maurice Correa ...Plaintif

Versus

Dirk Allams & Ors ...Defendants Ms Sandhya Nanavare, I/b M Janardhanan, for the Plaintiff. Mr Ganesh Ambekar, I/b Thakore Jariwala & Associates, for the Defendants.

CORAM: G.S. PATEL, J DATED:

26th June 2018 PC:- 1.

The Notice of Motion is thoroughly misconceived. The Notice of Motion is dismissed as withdrawn. The Plaintif will be at liberty to prove the documents by primary or secondary evidence as permitted in law and in accordance with law. There is no question of requiring leave to lead secondary evidence. Either secondary evidence is led or it is not. The law in that regard is settled. 2.

The Notice of Motion is dismissed as withdrawn with these observations. There will be no order as to costs. (G. S. PATEL, J) 26th June 2018