Bombay High Court
Fermenta Biotech Ltd vs Standard Oil Additives Pvt. Ltd. And Anr on 26 June, 2019
Author: R I. Chagla
Bench: R. I. Chagla
1-S-227-2007.DOC
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SUIT NO. 28 OF 2007
Fermenta Biotech Ltd. ... Plaintiff
V/s.
Standard Oil Additives Pvt. Ltd. & Anr. ... Defendants
Mr.. Akshay Patil with Arun Unnikrishnan and Pratyusha
Panchagni i/b Crawford Bayley & Co. for the Plaintiff.
Mr. Narichania, Senior Counsel with Ms. Smriti Jha i/b Mulla &
Mulla for Defendants.
CORAM: R. I. CHAGLA, J.
DATE: 26TH JUNE, 2019 PC:- 1. Heard the learned Counsels for the Plaintiff and
Defendants. By an order dated 23rd April, 2019, the learned Judge of this Court had directed the issuance of witness summons to the General Manager, State Bank of India, Jekegram Branch, Thane to produce certified copy of the bank statement from October 1998 to April, 2004 of bank account No.01000/000220 returnable in Court through a duly authorised officer at 3.00 p.m. today.
2. Similarly, the summons was directed to be issued to the General Manager of HSBC Bank, Fort Branch for production of bank account statement from April 1998 to March 2007 held by the Plaintiff in that bank and branch. Pursuant to these orders, the 1/3 ::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:15:24 ::: 1-S-227-2007.DOC witness summons which was to be issued to the State Bank of India, Jekegram Branch, Thane was returned and hence the witness summons is required to be freshly issued. In so far as the HSBC bank is concerned the witness summons was issued and an officer Mr. Ankur Maruti Dalvi, Manager, Fort Branch from the HSBC bank is present in Court. He tendered the computer generated bank account statements from 2003 to 2005 of account No.091214403001 of the Plaintiff. It is stated by the said officer of HSBC Bank that earlier bank statements are not available as they retain bank statements for last 10 years. However, they have been able to retrieve the bank statement from 2003. Along with the computer generated bank statements there is a certificate under Section 65B of the Evidence Act, 1872 certifying the genuineness of the computer generated bank statements. The bank statements for the year April, 2003 to March June, 2005 along with certificate is taken on record and marked Exhibit - P-36. This will be subject to proof of the truth of the contents.
3. Mr. Narichania, Senior Advocate appearing for Defendant Nos. 1 and 2 states that since the officer of the HSBC Bank is present in Court only for production of the bank statements pursuant to the witness summons issued by the this Court, cross examination of the officer is impermissible in view of Section 139 2/3 ::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:15:24 ::: 1-S-227-2007.DOC of the Evidence Act. This submission is noted. The officer is accordingly discharged from these proceedings.
4. The learned Counsel for the Plaintiff makes a statement on instructions that the Plaintiff will not be leading further evidence including the evidence of the two witnesses as mentioned in order dated 23rd April, 2019. Fresh witness summons is issued to General Manager, State Bank of India, Jekegram Branch, Thane to produce certified copy of bank statements from October, 1998 to April, 2004 of Bank Account No.01000/000220. The Plaintiff in addition is permitted to serve private notice upon General Manager of the concerned branch of State Bank of India.
5. The parties are permitted to take copies of the said computer generated bank statements along with certificate which are marked as Exhibit - P-36.
6. The Plaintiff's evidence stands closed.
7. List the matter on 17th July, 2019 at 3.00 p.m. The concerned Officer of State Bank of India, Jekegram Branch, Thane shall remain present at 3.00 p.m. on that date.
( R I. CHAGLA, J. ) 3/3 ::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:15:24 :::