Bombay High Court
Mr.Ramakant Damodar Chaulkar And 4 Ors vs Mr.Arvind Damodar Chaulkar And Anr on 5 September, 2018
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
Nitin 1 / 4 910-S-902-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 902 OF 2013
Ramakant Damodar Chaulkar and Ors. ... Plaintiffs
Versus
Mr.Arvind Damodar Chaulkar and Anr. ... Defendants
Mr.M.S.Topkar for the Plaintiffs.
Mr. Mandar Limaye for Defendant No. 1.
CORAM : S.J. KATHAWALLA, J.
DATED : 5TH SEPTEMBER, 2018 P.C.:
1. The documents of the Plaintiff admitted by Defendant No. 1 are set out hereunder and marked as follows :
i. The photo copy of the Power of Attorney executed by the Plaintiff is marked as Exhibit-P-1.
ii. The photocopy of the Agreement for Sale dated 28th June, 2012 is marked as Exhibit-P-2.
iii. The photocopy of the Supplementary Agreement to Sale dated 14 th February, 2013 is marked as Exhibit-P-3.
iv. The photocopy of Sale Deed dated 28th March, 2013 is marked as Exhibit-P-4.
2. The documents of the Plaintiff denied by Defendant No. 1 are set out hereunder and marked as follows :
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Nitin 2 / 4 910-S-902-2013.doc i. The photocopy of the letter / notice dated 20 th June, 2013 issued by the Plaintiffs
to Defendant No. 1 is marked as Exhibit-P-5 subject to the Plaintiffs proving its contents.
ii. The photocopy of the legal notice from the Plaintiffs' Advocate dated 11 th July, 2013 is marked as Exhibit-P-6 subject to the Plaintiffs proving its contents.
3. The documents filed by Defendant No. 1 are admitted by the Plaintiffs, are set out hereunder and marked as follows :
i. The photo copy of the Sale Deed dated 28 th June, 2012 along with counterfoil of RTGS statement is marked as Exhibit-D-1. ii. The photo copy of the Sale Deed 28 th June, 2012 along with original receipts dated 28th June, 2012 along with counterfoil of RTGS statement is marked s Exhibit- D-2.
iii. The photo copy of Sale Deed dated 28 th June, 2012 and original receipts dated 29th June, 2012 and two photo copies executed by Siddheshwar Builders along with counterfoil of RTGS statement of Siddheshwar Builders is marked as Exhibit-D-3 iv. The photo copy of Sale Deed dated 16 th July, 2012 along with original stamp receipt dated 13th July, 2012 is marked as Exhibit-D-4.
4. The documents filed by Defendant No. 1 which are not admitted by the Plaintiffs are set out hereunder and marked as follows :
i. Original copies of stamp receipts and photo copies of cheques issued to various persons named in Chart No. 1 described in Written Statement is marked 'Y-1' ::: Uploaded on - 08/09/2018 ::: Downloaded on - 09/09/2018 00:37:55 ::: Nitin 3 / 4 910-S-902-2013.doc for identification.
ii. Counterfoils of RTGS paymens made to Mr. Sachin Nakate is marked 'Y-2' for identification.
iii. Photo copy of Consent Decree registered with the Registrar of Sub Assurances Alibaug is marked 'Y-3' for identification. iv. Photo copy of the receipts regarding dispute commission paid is marked 'Y- 4' collectively for identification.
v. Original copy of the bank statement of Defendant No. 1's account is marked 'Y-5' for identification.
5. The document of Defendant No. 2 denied by the Plaintiffs is set out hereunder and marked as follows :
i. Bank statement / Statement of current account No. 50261010011103 of Defendant No. 2 - M/s.Emerald Developers with Syndicate Bank, Santacruz (East) Branch, Mumbai - 400 055 from 1 st April, 2012 to 31st March, 2014 is marked as 'Y-6' for identification.
6. The list of witnesses submitted by learned Advocate appearing for Defendant No. 1 is taken on record.
7. Mr.Vikram Sathe, Advocate (Mobile No.9819943007) is appointed as Commissioner to record the evidence of PW-1.
8. The Commissioner to submit his Report to this Court on or before 12 th October, 2018.
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9. Stand over to 12th October, 2018.
( S.J.KATHAWALLA, J. )
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