IN THE COURT OF JT CIVIL JUDGE SENIOR DIVISION THANE

AT THANE
R.C.S. NO.1873/2012
Mr. Pratap M. Narvade ) ----Plaintiff
V/s
Shri Rajendra Phatak & ors.) ----Defendants

APPLICATION ON BEHALF OF
DEFENDANT NO.1 IS AS UNDER
MAY IT PLEASE YOUR HONOUR
In the above matter the defendant no.1 would like to examine the
Executive Engineer of Thane Municipal Corporation in support of his
contentions as the plaintiff has raised dispute regarding the FSI provided to the
premises of plaintiff in the present suit, hence it is required to be issue the
witness summon to the following witness as under:-
The Executive Engineer
Town Planning Department
Thane Municipal Corporation
Panchpakhadi, Chandanwadi, Thane(W)
(To remain present and dispose along with related document on the
basis of which V.P No.2007/82/TMC/TDD.P/TPS/744 dated
23/02/2010 on the basis of which FSI was consider and granted to
carry out construction including the document of Pratap M. Narvade
available to the office of Thane Municipal Corporation)

It is therefore prayed that Hon’ble Court may be pleased to issue a

witness summon to the witness as details mentioned hereinabove in the
interest of justice.

Thane
Filed in the court
On 30/08/2018

Advocate for defendant no.1

IN THE COURT OF JT CIVIL JUDGE SENIOR DIVISION THANE

 AT THANE
R.C.S. NO.1873/2012
Mr. Pratap M. Narvade ) ----Plaintiff
V/s
Shri Rajendra Phatak & ors.) ----Defendants

APPLICATION ON BEHALF OF DEFENDANT NO.1

FOR GRANT OF PERMISSION TO EXAMINE THE
WITNESS OTHER WITNESS LIST
MAY IT PLEASE YOUR HONOUR
In the above matter the defendant no.1 would like to examine the
Executive Engineer of Thane Municipal Corporation in support of his
contentions as the plaintiff has raised dispute regarding the FSI provided to the
defendant no.1 as developer on the proposal submitted to the Thane Municipal
Corporation. The plaintiff has submitted the copy of certificate issued by the
Tax Department of Thane Municipal Corporation showing the different area
than area mentioned in the certificate submitted by the defendant no.1
The plaintiff is claiming additional area than actual area as per record
available with the corporation in the present suit. The defendant no.1 would
like to examine the witness of Thane Municipal Corporation to ascertain the
true facts and avoid controversy in the matter, therefore, the witness whose
name is appearing hereinabove is required to be examine to determine the real
question which has been created by the plaintiff by way of filing the
documents.
It is therefore prayed that Hon’ble Court may be pleased to allow the
defendant no.1 to examine the Executive Engineer of Thane Municipal
Corporation and summon may be issued accordingly in the interest of justice.
VERIFICATION
I, Shri Rajendra Phatak, proprietor of M/s. Sai Construction, the defendant no.
1, do hereby state on solemn affirmation and verify that the contents of the
foregoing paragraphs of this application are true and correct to the best of my
knowledge, information and belief and in witnesses whereof I have signed and
verified this application today on 30th day of August 2018 at Thane.
Thane
Filed in the court
On 30/08/2018
Defendant No.1
Advocate for Defendant No.1
IN THE COURT OF JT CIVIL JUDGE SENIOR DIVISION THANE
AT THANE
R.C.S. NO.1873/2012
Mr. Pratap M. Narvade ) ----Plaintiff
 V/s
Shri Rajendra Phatak & ors.) ----Defendants
AFFIDAVIT IN SUPPORT OF APPLICATION
I, Shri Rajendra Phatak, Age- ____years, Occu-Business, proprietor of M/s. Sai
Construction, having address at- Room No.2, Premsagar Building, Shivaji
Nagar, Thane (W), the defendant no.1, do hereby state on solemn affirmation as
under:
1. I say that I have filed an application for issuance of witness summon
other than witness list specifically on the grounds mentioned in the
application.
2. I say that I have raised various grounds, contentions, submission and
averments in my application.
3. I say that I do not want to reproduce the same contents again here at the
cost of repetition, hence this Hon’ble court be pleased to treat the same
as part and parcel of this affidavit and I hereby adopt, reiterate, affirm
and confirm the same.
4. I say that application filed by me may be allowed in the interest of
justice.
Whatsoever stated hereinabove are true and correct and best of my knowledge
signed on this 30th day of August 2018.
Identified and explained by me.

Advocate Deponent
VERIFICATION
I, Shri Rajendra Phatak, proprietor of M/s. Sai Construction, the defendant no.
1, do hereby state on solemn affirmation and verify that the contents of the
foregoing paragraphs of this affidavit are true and correct to the best of my
knowledge, information and belief and in witnesses whereof I have signed and
verified this affidavit today on 30th day of August 2018 at Thane.
Thane
Filed in the court
On 30/08/2018

Defendant No.1
Advocate for Defendant No.1