Dismissed

Ashok K. Punjabi v. Thanwar K. Punjabi and 2 Ors.

Bombay HC6 Dec 2016CHS/727/2012

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a chamber summons seeking an order against the defendant to furnish documents relating to a deceased mother's shares. The judge held the application misconceived and premature as it was a fishing enquiry without a filed written statement, deferring such requests to post-pleading proceedings.

What did the court decide?

Chamber Summons No. 727 of 2012 is dismissed with no order as to costs.

Ashok K. Punjabi Vs Thanwar K. Punjabi and 2… — Civil Procedure and Limitation | Bombay HC (2016)

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242-CHS-727-2012.DOC

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JSN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 727 OF 2012

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IN

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SUIT NO. 1786 OF 2011

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… Plaintiff

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Ashok Kishinchand Punjabi… Plaintiff
Versus
Thanwar Kishinchand Punjabi and others… Defendants

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Mr. Vivek Sharma, i/b R.R. Sharma for the Plaintiff / Applicant.
Mr. Amol Joshi, for Defendant No.1.
Mr. Rajiv Naik, i/b Anisha Narayanan for Defendants Nos. 2 and 3.

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CORAM:G.S. PATEL, J
DATED:6th December 2016

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PC:-

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1.Heard.

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2.This Chamber Summons by the Plaintiff is completely
misconceived. It seeks a direction against the 1st Defendant to
furnish certain documents relating to the shares of the deceased
mother, Rani Kishinchand Punjabi, in Meera Industries Limited,
Hong Kong, and the manner in which they have been transferred 1st
Defendant. This is unrelated to any disclosures or pleadings. There
are no pleadings filed in Court such as a written statement by which
such an order can be sought against the 1st Defendant. This appears
to be a fishing enquiry to gather evidence for a possible amendment

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Page 1 of 2

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6th December 2016

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242-CHS-727-2012.DOC

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for use of the trial of the Suit. All contentions being kept open, these
are matters that will have to await trial. If the Defendant No.1 has in
his power or possession any of these documents and if they are
relevant or related to the subject matter of the Suit, no doubt they
will be brought on record at the appropriate time. The Plaintiff will
have an opportunity after the 1st Defendant has filed his Written
Statement to make an application for discovery and inspection of
such documents as the 1st Defendant relies on his pleading.

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3.The Chamber Summons is dismissed. There will be no order
as to costs.

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(G. S. PATEL, J.)

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Page 2 of 2

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6th December 2016

Ashok K. Punjabi v. Thanwar K. Punjabi and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ashok K. Punjabi v. Thanwar K. Punjabi and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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