Nitesh Prataprai Kothari v. John Braganza

21-CHS1189-2019INS2975-2007.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1189 OF 2019 IN SUIT NO. 2975 OF 2007 SANTOSH SUBHASH KULKARNI Nitesh Kothari ...Plaintiff

Versus

John Braganza ...Defendant SANTOSH SUBHASH KULKARNI Date: 2023.02.03 11:16:31 +0530 Ms. Aditi Naikare, i/b Pradeep Thorat, for the Plaintiff. Mr. Anil D'Souza, a/w Valentine Mascarenhas and Ernest Tuscano, for the Defendant.

CORAM:

N. J. JAMADAR, J.

DATED :

31st JANUARY, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

The Chamber Summons is taken out seeking directions to the defendants to furnish inspection of the document. A Schedule is appended to the Chamber Summons.

3.

From the perusal of the letter dated 22nd November, 2018 (Exhibit-F) annexed to the Chamber Summons, it becomes evident that the plaintiff has furnished inspection of the documents which are annexed to the plaint. The grievance of the applicant seems to be that the applicant has not been furnished inspection of the documents which the plaintiff has craved leave to refer and rely upon.

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21-CHS1189-2019INS2975-2007.DOC 4.

In the event the plaintiff proposes to rely upon any other document, apart from the documents annexed to the plaint, the plaintiff shall furnish inspection thereof to the defendant within a period of two weeks.

5.

In the event the plaintiff does not furnish the inspection of the documents, it would be presumed that the plaintiff does not wish to rely upon any other document(s).

6.

With the aforesaid clarification, the Chamber Summons stands disposed.

7.

Suit to stand over to 21st February, 2023.

[N. J. JAMADAR, J.] 2/2