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Sarang V. Kotwal, J
This Notice of Motion is preferred by the Applicants/Appellants for liberty to produce additional documents in the commercial appeal. The
documents are mentioned in the affidavit in support of the Notice of Motion.In paragraph 6 of the said affidavit, two documents are mentioned, i.e.
conveyance dated 7 March 2002 and share certificate issued in favour of Mrs. Gunjan P. Aggarwal in respect of Flat No.902 B of Angel, Gamdevi. It
is not the case of the Appellants that they suddenly discovered these documents. In paragraphÂ4 of the affidavit in support of the Notice of Motion,
it is mentioned as :Â
“4. I say that the right, title and interet in respect of Flat No.902 B has been transferred in favour of Mrs. Gunjan P. Aggarwal by a registered
Conveyance dated 7 March 2002. I further say that the Share Certificate in respect of the said flat has also been transferred in the name of Mrs.
Gunjan P. Aggrawal. I say that the Appellants due to bonafide reasons were prevented from producing the said documents before the Learned
Single Judge. I crave leave to refer to and rely upon the copies of the said documents.†(Emphasis supplied).
What these 'bonafide reasons' might be, are not mentioned in the entire affidavit in support of the Notice of Motion. We do not see how these
averments satisfy the requirement of Order XL Rule 27 of the Code of Civil Procedure, 1908.Â
Therefore, the Notice of Motion is dismissed and these documents are not taken on record for consideration in Commercial Appeal (L) No.361 of
2018. Â