Devika Sunil Jamdar v. Serika Lal Aggarwal And 2 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.10.17 18:07:01 +0530 SUIT NO.1427 OF 2019 Devika Sunil Jamdar .. Plaintiff
Versus
Serika Lal @ Sarika Aggarwal and Ors.
.. Defendants WITH INTERIM APPLICATION NO.5539 OF 2025 WITH INTERIM APPLICATION NO.5755 OF 2025 WITH COURT RECEIVER REPORT NO.42 OF 2021 WITH INTERIM APPLICATION (L) NO.21028 OF 2025 WITH INTERIM APPLICATION (L) NO.28988 OF 2025 Mr.Indrajeet Kulkarni a/w Mr.Nihar Chitie, Advocate for the Applicant/Plaintiff.
Mr.Devika Jamdar,Plaintiff present in person. Mr.Gauraj Shah a/w Mr.Rishabh Jadhav i/b M/s.Parinam Law Associates, Advocate for the Defendant No.1.
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Ms.Poorva Garg i/b M/s.Mulla and Mulla and Craigie Blunt and Caroe for Shalaka Sangh CHS Ltd. (Manager Mr.Suhas Sawant present in Court) Ms.Nandini Deshpande, 1st Assistant to Court Receiver present.
CORAM:
FIRDOSH P. POONIWALLA, J.
DATE:
OCTOBER 14, 2025 P. C.
1.
By an Order dated 19th September 2025 passed by this Court, summons was issued to the Secretary of the Shalaka Sangh Co-operative Housing Society Limited for producing certain documents. 2.
The Secretary of the Society has authorised Mr.Suhas Shridhar Sawant, Manager of the Society, to appear before this Court and to produce the documents.
3.
Oath is administered to Mr.Suhas Shridhar Sawant. On S.A.:
Name:
Mr.Suhas Shridhar Sawant Add:
13/A Hanuman Terrace, 'A' Block, Tara Temple Lane, Off.D.B.Marg, Mumbai 400 007.
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a) I am producing the original of the entire J-Book of the Society from 1978 onwards in two volumes.
Per Court: The same are taken on record and marked Exhibit 'D42' collectively, subject to the correctness of the contents thereof. b) I am producing office copy of letter dated 19th June, 2024 sent by the Society to the Collector, Mumbai City enclosing therewith a list of members of the society as on 31st March 2024 and changes in the membership of the society during 1st March 2021 to 31st March 2024. Per Court: The said letter, along with the list annexed thereto, are taken on record and marked Exhibit 'D-43' collectively, subject to the correctness of the contents thereof.
c.
I am producing the original maintenance bills for the period 2007, 2008, 2010-2012, 2017-2024. For the year 2009, I am producing the bills available for Q2, Q3 and Q4. For the year 2013, I am producing the bills available for Q1. For the year 2016, I am producing the bills available for Q2, 3/6
Q3 and Q4. For the year 2025, I am producing the bills upto date i.e. for Q1 and Q2.
Per Court: These maintenance bills are taken on record and marked Exhibit 'D-44' collectively, subject to the correctness of the contents thereof.
d) I am producing the maintenance receipts for the period 2006 to 2009, 2011, 2012. 2014, 2020 to 2024. Further, I am producing for the year 2010, receipts for Q1, Q2 and Q3. For the year 2013, I am producing receipts available for Q2 and Q3. For the year 2015, I am producing receipts available for Q3 and Q4. For the year 2018, I am producing receipts only for Q1. For the year 2019, I am producing receipts only for Q4. Per Court: All these receipts are taken on record and marked Exhibit 'D-45' collectively, subject to the correctness of the contents thereof. e) I am producing the AGM Minutes for the years 1996 to 2003 in two separate books.
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Per Court: The same are taken on record and marked Exhibit 'D46' collectively, subject to the correctness of the contents thereof. f) I am producing the original share certificate book of the Society with the original stubs.
Per Court: The same are taken on record and marked Exhibit 'D47' collectively, subject to the correctness of the contents thereof. g) I say that, apart from the documents produced by me today, the Society is not in possession of any other document called for by Defendant No.1.
4.
Evidence of the witness is complete. Witness summons is dispensed with and the witness is discharged. 5.
The learned Advocate appearing on behalf of the Society states that the Advocates for Defendant No.1 and Plaintiff will be allowed to inspect the original documents in the Office of the Advocates for the Society. 5/6
6.
The witness has produced the original documents. The original documents will be returned to the Society and will be replaced by photocopies thereof which will be marked as per the Exhibit numbers given by the Court today. The Society undertakes to this Court to produce the originals as and when required by this Court.
7.
Stand over to 11th November 2025.
[FIRDOSH P. POONIWALLA, J.] 6/6