Bombay High Court
Fermenta Biotech Ltd vs Standard Oil Additives Pvt. Ltd. And Anr on 24 July, 2019
Author: R.I. Chagla
Bench: R.I. Chagla
3.COMS.28.07.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO. 28 OF 2007
Fermenta Biotech Ltd. ... Plaintiff
Versus
Standard Oil Additives Pvt. Ltd. & Anr. ... Defendants
Mr. Akshay Patil a/w Mr. Arun Unnikrishnan i/b Crawford Baylay & Co. for
the Plaintiff.
Mr. Rahul Narichania, Senior Advocate a/w Ms. Smriti Jha i/b Mulla &
Mulla & Craigie Blunt & Caroe, for the Defendants.
Mr. Om Narayan Agnihotri Dy. Branch Manager, State Bank of India,
Jekegram Branch, Thane.
CORAM : R.I. CHAGLA, J.
DATED : 24th JULY, 2019.
P.C. :
1 The Deputy Branch Manager of State Bank of India, Jekegram Branch, Thane, is present in Court. He tenders the computer generated bank account statement from 16.10.1998 to 30.03.2004 for A/c.
No.10884924125 in the said Branch of State Bank of India. Along with the computer generated bank statement, there is a certificate under Section 2A of the Banker's Books Evidence Act, 1891 and under Section 65B of the Indian Evidence Act, 1872 certifying the genuineness of the computer generated bank statements. The bank statements for the said period alongwith the certificate is taken on record and marked Exhibit- P-37. Waghmare 1/2 ::: Uploaded on - 25/07/2019 ::: Downloaded on - 26/07/2019 01:33:38 :::
3.COMS.28.07.doc This will be subject to proof of the truth of the contents. 2 Mr. Narichania, Senior Advocate appearing for Defendant Nos.1 and 2 states that since the Officer of the State Bank of India is present in Court only for production of the bank statements pursuant to the witness summons issued by this Court, cross-examination of the Officer is impermissible in view of Section 139 of the Evidence Act. This submission is noted. The Officer is accordingly discharged from this proceeding. 3 The statement which was recorded by the learned Counsel for the Plaintiff on instructions, that the Plaintiff will not be leading further evidence including the evidence of the two witnesses as mentioned in the order dated 23.04.2019, shall continue to operate and is accepted by this Court.
4 The parties are permitted to take copies of the said computer generated bank statements along with the certificate which are marked as Exhibit P-37.
5 Accordingly, as recorded in order dated 26.06.2019, the Plaintiff's evidence stands closed.
6 List the matter on 19.08.2019 for directions.
(R.I. CHAGLA, J.) Waghmare 2/2 ::: Uploaded on - 25/07/2019 ::: Downloaded on - 26/07/2019 01:33:38 :::