Disposed

Anand Jayant Dave v. S.R.Oil Industries and 2 Ors.

Bombay HC1 Apr 2019CHSCD/1464/2018

Case brief

AI extract

What is this about?

In a commercial suit regarding transactional documents, the Bombay High Court granted leave to the applicant to withdraw a Chamber Summons. The court allowed the defendants to present expert forensic evidence concerning signature authenticity and kept all plaintiff contentions open.

What did the court decide?

Leave granted to withdraw Chamber Summons with liberty to defendants to adduce forensic evidence; plaintiffs' contentions kept open.

Anand Jayant Dave Vs S.R.Oil Industries and… — Contract and Commercial Disputes | Bombay HC (2019)

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11-CHSCD1464-18.DOC

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Arun

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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COMM CHAMBER SUMMONS NO. 1464 OF 2018

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IN

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COMMERCIAL SUIT NO. 1 OF 2008

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Dighant H Upadhyay…Applicant
In the matter between
Anand J Dave…Plaintiff
Versus
SR Oil Industries & Anr…Defendants

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Mr Pratap Sampat, i/b Vilas Jadhav, for the Plaintiff.
Mr Ashutosh Shukla, for the Applicant.

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CORAM: G.S. PATEL, J DATED: 1st April 2019

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PC:-

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1.After some arguments, Mr Shukla, the learned Advocate for
the Applicant seeks leave to withdraw the Chamber Summons with
liberty to the Defendants to adduce appropriate evidence regarding
the signature/initials of the father of PW1 on certain transactional
documents, including the document a copy of which is Exhibit “1”
to the Written Statement as also the agreement for sale dated 5th
October 2002 referred to in paragraph 6 of the Affidavit in Support
of the present Chamber Summons.

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Page 1 of 2
1st April 2019

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11-CHSCD1464-18.DOC

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2. Leave granted with liberty as prayed. It is also open to the Defendants to bring forward expert forensic evidence or testimony, if they so desire. All contentions of the Plaintiffs are expressly kept open.

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3. I note that in cross-examination of PW1 has said that he cannot identify the initials that were shown to him from Exhibit “1” to the Written Statement as being those of his late father. This is noted.

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4. The Chamber Summons is disposed of in these terms.

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(G. S. PATEL, J)

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Page 2 of 2
1st April 2019

Anand Jayant Dave v. S.R.Oil Industries and 2 Ors.

Case brief

What is this about?

What did the court decide?

Anand Jayant Dave v. S.R.Oil Industries and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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