Disposed

Mr. Raj Katra v. Mrs. Sunita Raj Katra

Bombay HC22 Mar 2013WP/3017/2013

Case brief

AI extract

What is this about?

This writ petition, filed by a husband challenging a direction to produce financial documents in a family dispute with his wife, was disposed of. The court excluded one document but directed the production of several bank accounts and tax returns.

What did the court decide?

Direction to produce specified bank accounts and tax returns; rejection of the request to produce cheque details relating to flat purchase.

Mr. Raj Katra Vs Mrs. Sunita Raj Katra — Civil Procedure and Limitation | Bombay HC (2013)

WP.3017/2013(908)

mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION

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WRIT PETITION NO. 3017 OF 2013

Raj Katra

...Petitioner

Vs.

Sunita Katra & Ors.

...Respondents

Mr. P.S. Chavan i/b. M/s. P.S. Chavan & Associates for the Petitioner Mr. Rohan Cama a/w. Sapana Rachure for Respondent

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CORAM : MRS. ROSHAN DALVI, J. DATED : 22^ND MARCH, 2013

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P.C. :

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The dispute between the parties who are the husband and wife is with regard to the documents of the husband for which notice to produce was given by the wife and they having not been produced, has been applied for and granted by the Court.

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Several documents have already been given. Certain documents remain to be produced. They are directed to be produced. The husband has challenged the direction. The documents which remained to be given and for which this Court would have to consider whether they are relevant or irrelevant and consequently whether they should be produced are as follows:

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Leave and Licence Agreement of Apna Ghar Society for various period which include the period during which the parties lived together and the period after their separation.

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WP.3017/2013(908)

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The husband contends that the leave and licence agreement of the earlier period are not relevant. The Court would have to see whether the leave and licence agreement of later periods have the same details as those of the earlier years. The Court would have to see whether there is a gross anomaly between the two. Hence the husband shall have to produce documents at item Nos. 2(ib), 2(ic) 2(id) and 2(f).

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The salary account in HSBC NRO Account No. 0024 3858 8007 in M.G. Road, Mumbai bank office and Account No. 418 188 in ABN Amro Bank taken over by RBS are required.

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The Counsel on behalf of the husband states that the said

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salary accounts would be produced.

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The Account No. 418825 in ABN Amro taken over by RBS is stated to be a joint account of the husband with his mother. There are several transfer entries. Hence that account would be material to see.

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The husband shall produce that account also.

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Another Account No. 909253 also in ABN Amro Bank taken over by RBS is stated to be the account in which certain funds have been transferred. Hence that account is also relevant and material to consider.

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The husband shall produce that account also.

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Another bank account No. 1189 634 also in ABN Amro Bank taken over by RBS in which certain returns of

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WP.3017/2013(908)

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investments in shares are stated to be deposited. Hence that is also relevant and shall have to be produced.

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The husband shall produce that account also.

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Another bank account No. 418188 in ABN Amro Bank taken over by RBS also shows a specific credit entry for which the source of funds would be material to consider. Hence that is a relevant document and shall have to be produced by the husband.

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The husband shall produce that bank account also.

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A bank statement showing certain cheques paid to one Ganesh Eswaran is also called upon. This relates to purchase of a flat in a building Planet Godrej. The Court is not concerned with the party to whom amounts are to be paid to determine the income or status of the husband.

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This document is irrelevant and shall not be produced by

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the husband.

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A mutual fund in growth option statement of the husband is required to be produced.

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Counsel on behalf of the husband fairly concedes that he will produce such document though he does not know in which mutual fund the husband's investment is.

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Counsel on behalf of the husband also states that the aforesaid bank account statements are already on record. That would show that the husband concedes that those

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WP.3017/2013(908)

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documents are relevant and hence are produced. If that is so, a further copy may be given.

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The husband has produced certain income tax returns which are most material to consider. The wife states that the income tax returns for the assessment years after 2009 are not furnished.

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The husband shall produce the complete set of income tax

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returns including the annexures for those years.

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If the husband fails to produce the aforesaid documents within two weeks, the wife shall be entitled to make an application to the relevant banks, mutual funds or the income tax authorities to produce the above documents.

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There are certain other orders for production of documents which are not challenged by the husband. The husband shall produce those documents also.

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The Family Court petition has been expedited by the Honourable Supreme Court. Hence it shall proceed to hearing after the aforesaid time limit is over.

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The Writ Petition is disposed off accordingly.

Mr. Raj Katra v. Mrs. Sunita Raj Katra

Case brief

What is this about?

What did the court decide?

Mr. Raj Katra v. Mrs. Sunita Raj Katra

Case brief

What is this about?

What did the court decide?

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