LAWS(BOM)-2017-6-234

SABINO COTTA Vs. V NAIK AND ASSOCIATES

Decided On June 07, 2017
Sabino Cotta Appellant
V/S
V Naik And Associates Respondents

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties.

(2.) The petitioner is the original plaintiff, while the respondent is the defendant before the Trial Court. The petitioner (who is admittedly a tenant of the respondent in respect of the suit flat, where the petitioner is running coaching classes in the name and style as 'M/s Smart Tutorials'), claims that there is an oral agreement under which the respondent has agreed to sell the suit flat to him for a consideration of Rs.15 lakhs. It is also contended that the petitioner was paying Rs.60,000/- per month to the respondent.

(3.) The respondent filed an application (Exhibit-40) before the Trial Court for a direction to produce the statement of Account of the petitioner with Saraswat Co-operative Bank, Margao Branch (Account No. 1192) from June, 2003 to 31.03.2010. By the impugned order dated 07.03.2017, the learned Trial Court has allowed the application, which order is subject matter of challenge in this petition.