Ishwarbhai B Patel v. Banyan And Berry Alloys Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL SUMMARY SUIT NO.36 OF 2011 M/S.SBI FACTORS LTD.

)...PLAINTIFF V/s.

BANYAN AND BERRY ALLOYS LIMITED ) AND OTHERS )...DEFENDANTS WITH INTERIM APPLICATION NO. 7686 OF 2025 IN COMMERCIAL SUMMARY SUIT NO.36 OF 2011 Mr.Dhaval Patil i/by K.Ashar and Co., Advocate for the Plaintiff. Mr.Yogesh P. Yagnik, Advocate for the Defendant no.3/Applicant in IA/7686/2025.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th FEBRUARY 2026 P.C. :

INTERIM APPLICATION NO. 7686 OF 2025 1.

This Interim Application has been filed on behalf of the Defendant no.3 seeking a direction of this Court to take out certified copy of the documents at page nos. 1 to 3, 5 to 25, 35, 60 to 75 and 76 from the original Compilation of documents as tendered by the ARTI VILAS KHATATE Plaintiff.

by ARTI VILAS KHATATE Date:

2026.02.25 19:01:35 +0530 avk 1/3

2.

Mr.Yagnik, learned Counsel, appears for the Applicant and submits that in order to disprove the said documents, certified copies are required and therefore this Court may permit prayer clause (a). That, in the event prayer clause (a) is not permitted, in the alternative, this Court may send the said documents referred to in prayer clause (a) for examination of Handwriting Expert for their opinion. 3.

Mr.Patil, learned Counsel appearing for the Plaintiff/Respondent submits to the orders of this Court as regards prayer clause (a). 4.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the Defendant no.2 be given certified copies of the documents at page nos.1 to 3, 5 to 25, 35, 60 to 75 and 76 from the original Compilation of documents tendered by the Plaintiff upon payment of usual costs charges and fees, within a period of three weeks.

5.

The Interim Application accordingly stands allowed and disposed as above.

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COMMERCIAL SUMMARY SUIT NO.36 OF 2011 6.

At the joint request of the learned Counsel for the parties, list on 20th April 2026.

(ABHAY AHUJA, J.) avk 3/3