Hakeem Food Products Pvt. Ltd. v. Chirag International And 5 Others
30-CHS1302-18INS660-1996.DOC Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1302 OF 2018 IN SUIT NO. 660 OF 1996 WITH SUIT NO. 684 OF 1992 Chirag International & ors.
...Applicants In the matter between M/s. Hakeem Food Products Pvt. Ltd.
...Plaintiff
Versus
Chirag International & ors.
...Defendants Mr. Anirban Sen, i/b M/s. Hariani & Co. for the Plaintiff in Suit No.660/1996 and for Defendant no.1 in Suit No.684/1992.
Mr. Viaa B. Kanoria, for Defendant nos.1, Mr. Viaa Thilakan, for Defendant nos.3, 4 and 6.
CORAM:
N. J. JAMADAR, J.
DATED :
10th DECEMBER, 2019 PC:- 1.
Heard the learned Counsels for the parties.
2.
Chamber Summons No.1302 of 2018 is taken out ba defendant no.1, 2 and 5 not to accept the averments in paragraph 24 of the affdavit in lieu of examination-in-chief of plaintiff's frst witness Mr. Nazir Hakeem, dated 2nd April, 2014. The suit has been instituted for the damages for breach of contract arising out of a commercial transaction. The averments in paragraph 24, which are objected to ba defendant nos.1, 2 and 5, attribute certain criminal antecedents to defendant no.2, 1/2
30-CHS1302-18INS660-1996.DOC and the copies of news items published in newspapers are sought to be relied upon therein.
3.
The said assertions in the paragraph 24 are not at all germane to the determination of fact in issue nor the news items published in the newspaper have ana probative value. 4.
The contents of paragraph 24 of the Affdavit in lieu of examination-in-chief tendered ba Nazir Hakeem (DW-1) stand struck off.
5.
The Chamber Summons stands accordingla disposed of. 6.
The defendants shall make statement of admission and denial of the documents tendered ba the plaintiff and furnish its copa within two weeks from todaa.
7.
The plaintiff shall keep his frst witness present for recording of further evidence and marking of documents. 8.
Suits stand over to 6th Januara, 2020.
[N. J. JAMADAR, J.] 2/2