Tejkumar B. Ruia v. Farooq Mohamad Hansia And 3 ORS.

11 chs70-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.70 OF 2016 IN SUIT NO.829 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Kevin Chettiar i/b Ms.Sangita Gudhka for the applicant / plaintiff CORAM : K. K. TATED, J.

DATE : AUGUST 28, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

Advocate for the applicant submits that they have already served defendant nos.3 and 4. He submits that they filed affidavit of service dated 22.8.2017. Same is on record.

3.

Inspite of service, no one appeared on behalf of defendant nos.3 and 4.

4.

This Chamber Summons is preferred by plaintiff for direction against defendant nos.3 and 4 to provide inspection of certain documents relied upon by them in written statement on 29.6.2015. 5.

Considering the submissions made by the learned counsel for the Applicant and the Mohite 1/2

11 chs70-16 averments made in the affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons. Hence, following order:

A) Chamber Summons is allowed in terms of prayer clause (a) which reads thus:

"(a) That Defendant Nos.3 and Defendant No.4 be directed to produce and offer inspection of the original documents referred to and relied upon by them in their written statement dated 29th June, 2015 within such time as this Hon'ble Court may deem fit and proper."

B) Defendant nos.3 and 4 is directed to give inspection of those documents within six weeks from the service of copy of this order.

C) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2