Bombay High Court
Sarita F. Barboza vs Alwyn Thomas Barboza And 6 Ors on 11 October, 2018
Author: S.C.Gupte
Bench: S.C.Gupte
Chittewan 1/5 20. S.171-12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.171 OF 2012
Mrs. Sarita Franklin Barboza ... Plaintiff
Versus
Mr. Alwyn Thomas Barboza
And Others ... Defendants
.....
Ms. Ratna Bhargavan I/b R. Bhargavan & Associates for the Plaintiff.
Ms. Jayasree Pillai I/b Mr. Ramesh Ramamurthy for Defendant Nos.1 to 6.
.....
CORAM : S.C.GUPTE, J.
DATE : 11 OCTOBER 2018 P.C. : . The Plaintiff has filed a compilation of documents. The compilation
consists of copies of documents relied upon by the Plaintiff. Along with the compilation, the Plaintiff has filed her own affidavit of evidence in lieu of examination-in-chief. The affidavit of evidence of the Plaintiff dated 10 February 2015 is taken on record as examination-in-chief of the Plaintiff (P.W. 1). Learned Counsel for the Plaintiff produces originals of the documents. Listed at Sr. No.1 of the compilation, are the two registered conveyance deeds along with property register cards. It is not in dispute that the Plaintiff is one of the executors of these documents. The Plaintiff has deposed to the documents in her examination-in-chief. The conveyances forming part of the documents are registered. The property register cards are the certified true copies of the same, issued by the City Survey Office, Bandra, Mumbai. In the premises, the documents are admitted in evidence and marked as Exhibit 'P-1' Collectively. The ::: Uploaded on - 15/10/2018 ::: Downloaded on - 17/10/2018 00:05:43 ::: Chittewan 2/5 20. S.171-12.doc original documents are returned to the Plaintiff's Advocate. The Advocate undertakes to produce the same in the trial as and when necessary. Copies of the documents produced along with the compilation are kept on record, marked as Exhibit 'P-1' (Copies).
2 The next document, at Sr.No.2 of the compilation, is a collection of five cheques, which are purportedly issued by one Cedric Crasto, the brother of the Plaintiff, purportedly towards purchase of the suit property. Since the Plaintiff has offered to tender Cedric Crastro as her witness, marking of the document (cheques) shall be taken up later. At the moment, they are marked 'X' for identification.
3 The next document at Sr. No.3 of the compilation is the encashment certificate issued by Thomas Cook (India) Ltd for currency purchase by them from the husband of one Sandra D'Almeida, the sister of the Plaintiff. This document is claimed to have been given to the Plaintiff by Sandra D'Almeida. Since the Plaintiff is tendering Sandra D'Almeida as her witness, marking of this document will be taken up later. Presently, it is marked 'X-1' for identification.
4 The next document at Sr.No.4 of the compilation is an affidavit purportedly made by one Charles Gonsalves, uncle of the Plaintiff. The original of the affidavit is tendered across the Bar by the Plaintiff's Advocate. The document is taken on record, marked as Exhibit 'P-4'. It is, however, clarified that the document is taken on record as a statement made by Charles Gonvalves, as tendered by the Plaintiff. Whether document can be accepted in evidence in proof of what he states, is a ::: Uploaded on - 15/10/2018 ::: Downloaded on - 17/10/2018 00:05:43 ::: Chittewan 3/5 20. S.171-12.doc matter to be debated at the trial.
5 The next document at Sr.No.5 of the compilation contains an agreement for sale in respect of a flat executed by the Plaintiff and her husband. The original of this document is with the purchaser. The Plaintiff has deposed to this document in paragraph-9 of her affidavit in lieu of examination-in-chief. Based on the Plaintiff's deposition, the copy tendered by the Plaintiff is admitted in evidence, marked as Exhibit '-P-5'.
6 Sr.No.6 of the compilation of documents consists of two sets of documents, (i) the letter addressed by the Plaintiff and her husband to Sir Mohamed Yusuf Trust on 16 August 1995, concerning possession of an office and the letter addressed by Sir Mohamed Yusuf Trust in reply, and
(ii) undertaking issued by the Plaintiff and her husband as of 1 March 2001 and no objection certificate issued by the Plaintiff and her husband, concerning transfer of office premises to one Inventure Growth & Securities Limited and a deed of composition executed between the Plaintiff and her husband and said Inventure Growth & Securities Limited, described in the agreement as creditors. The original of the letter dated 16 August 1995 and Sir Mohamed Yusuf Trust's reply thereto dated 31 August 1995 are being tendered. These documents are collectively marked Exhibit 'P-6- 1'. The undertaking, NOC and deed of composition dated 23 June 2001 as between the Plaintiff and her husband and M/s Inventure Growth & Securities Limited, which are said to be in possession of the latter, are produced in the form of copies. The Plaintiff has deposed to these documents in paragraph-9 of her affidavit in lieu of examination-in-chief. Considering the deposition, copies of these three documetns are marked ::: Uploaded on - 15/10/2018 ::: Downloaded on - 17/10/2018 00:05:43 ::: Chittewan 4/5 20. S.171-12.doc collectively as Exhibit 'P-6-2'.
7 The income tax returns papers tendered in original, which consist of an intimation by the Income Tax Department under Section 143(1) of the Income Tax Act, 1961, issued to the Plaintiff along with photocopy of the income tax returns submitted by the Plaintiff for the relevant financial year, along with accompaniments of the returns, which are deposed to in paragraph-10 of the Plaintiff's Affidavit, are admitted in evidence, marked Exhibit 'P-7'.
8 The next document at Sr.No.8 is a collection of three passbooks. The two passbooks tendered in original are of Saving Bank Account No.009410100007151, held by the Plaintiff's husband jointly with the Plaintiff and the third pass book is a saving bank passbook issued for Saving Bank Account No.009410110000995 in the single name of the Plaintiff's husband. These documents have been deposed to by the Plaintiff in her affidavit in lieu of examination-in-chief in paragraph-11. Based on the deposition, the documents are marked as exhibits as follows :
(i) Two passbooks of S/B A/c No. 009410100007151, are marked as Exhibit 'P-8-1'.
(ii) Third passbook of S/B A/c No. 009410110000995, is marked as Exhibit 'P-8-2'.
9 The next set of documents is a collection of orders passed in Criminal Complaint No.542/M/2007 by the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai, togetehr with certified true copy of ::: Uploaded on - 15/10/2018 ::: Downloaded on - 17/10/2018 00:05:43 ::: Chittewan 5/5 20. S.171-12.doc Roznama in Criminal Appeal No.150 of 2008 in Criminal Complaint No.542/M/2007 and the order dated 23 June 2008 passed by the Additional Sessions Judge, in Criminal Appeal No.150 of 2008. All these copies are certified true copies issued by the respective courts. The documents are marked as Exhibit 'P-9' Collectively.
10 The next set of documents is the hospital card of Breach Candy Hospital along with the certificate of the attending doctor. The documents also contain a pathology report in the original. The documents have been deposed to in paragraph-13 of the Plaintiff's affidavit in lieu of examination-in-chief. The documents are marked collectively as Exhibit 'P-10'.
11 The last set of documents is the minutes of evidence recorded in the Family Court at Bandra, Mumbai in Petition No.A-192 of 2007. The documents are certified true copies of the court record, and are marked in evidence as Exhibit 'P-11' Collectively.
12 Stand over to 26 October 2018 at 03.00 p.m. for cross examination of P.W. 1.
(S.C. GUPTE, J.) ::: Uploaded on - 15/10/2018 ::: Downloaded on - 17/10/2018 00:05:43 :::