Allowed chamber summons in a suit where bill of exchange originals were destroyed. Plaintiff to file affidavit of documents; suit listed for directions in four weeks.
Chamber summons made absolute; Plaintiff to file affidavit in two weeks; suit listed for directions in four weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.88 OF 2009
IN
SUIT NO.2714 OF 1988
Central Bank of India.. Plaintiff
Versus
M/s.Bharti Textiles.. Defendants
M/s.Consulta Juris for plaintiff
Mr.Shekhar Sawant for defendants
CORAM :S.C.DHARMADHIKARI, J.
DATE:11th February 2009.
P.C.
.Perused the chamber summons and affidavit
in support and reply. Although, it is urged by
the defendants that there is tampering in the
bills of exchange, what I find is the fact that
the originals are destroyed, has not been
controverted. In these circumstances, the
chamber summons is made absolute in terms of
prayer clause (a).
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2.However, this would not preclude the
defendants from urging that reliance upon these
documents being placed, does not mean that the
liability to the bank has been admitted. All
pleas in that behalf of both sides are kept open.
Chamber summons is allowed. No costs. Plaintiff
bank states that it would file its affidavit of
documents and evidence within two weeks from
today with an advance copy of the same to
defendant’s Advocate. Place the suit for
directions after four weeks.
(S.C.Dharmadhikari, J)
S.C. Dharmadhikari
As recorded by the court registry
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