Icici Bank Limited v. M V Kamal Xxix And 3 ORS

1/1 21.CHSCD-31-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION CHAMBER SUMMONS NO.31 OF 2016 IN COMMERCIAL SUIT NO.7 OF 2014 (ADMIRALTY SUIT NO.4 OF 2014) ICICI Bank Limited ....Applicants/Plaintiffs Vs.

M.V. Kamal XXIX and Ors.

....Defendants ---- Ms. Anjala Praveen i/b. Vidhii Partners for applicants/plaintiffs. Ms. Richa Sahay i/b. Ashwin Shanker for defendant no.5. ---- CORAM : K.R.SHRIRAM, J.

DATE : 7th JUNE, 2017 P.C.:

This chamber summons is for leave to lead secondary evidence. Ms. Praveen, counsel for plaintiffs states that plaintiffs have already filed their affidavit in lieu of examination in chief and if they are permitted to file further affidavit in lieu of examination in chief to explain why the original documents are not available and secondary evidence should be accepted, plaintiffs will withdraw this chamber summons.

In my view, it is a fair suggestion. Therefore, chamber summons is dismissed as withdrawn. Plaintiffs to file additional affidavit of evidence of their witness and serve a copy thereof upon defendants within four weeks. Stand over to 17th July, 2017 for marking of documents/ receiving evidence on record on which date plaintiffs' witness shall remain present in court.

(K.R. SHRIRAM, J.) Gauri Gaekwad