Bombay High Court
Shri Abu Bakar Ahmed Mitta And ... vs Pradeep S/O Hemraj Dhanule And ... on 5 August, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4155/2016
1. Shri Abu Bakar Ahmed Mitta,
aged about 75 Yrs., Occu. Business.
2. Shri Afzal s/o Abu Bakar Mitta,
aged about 45 Yrs., Occu. Business.
Both R/o Buty Road, Sitabuldi,
Nagpur. ig ..Petitioners.
..VS..
1. Pradeep s/o Hemraj Dhanule,
aged about 37 Yrs., Occu. Agriculturist.
2. Mahesh S/o Hemraj Dhanule,
aged about 37 Yrs., Occu. Agriculturist.
3. Smt. Gayatri Lavkesh Sewake,
aged about 28 Yrs., Occu. Household.
4. Smt. Geetabai Wd/o Hemraj Dhanule,
aged about 56 Yrs., Occu. Agriculturist.
All R/o Mouja Panjri, Tah. Hingna,
Distt. Nagpur. .. Respondents.
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Shri A.J. Mirza, Advocate for the petitioners.
Shri S.G. Karmarkar, Advocate for respondent Nos.1 to 4.
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CORAM : Z.A.HAQ, J.
DATED : 5.8.2016.
ORAL JUDGMENT
C.A.W. 1692/2016.
For the reasons stated in the application, it is allowed. The amendment
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be carried out forthwith.
1. Heard Shri A.J. Mirza, Advocate for the petitioners and Shri S.G.
Karmarkar, Advocate for the respondent Nos.1 to 4.
2. Rule. Rule made returnable forthwith.
3. The defendants have challenged the order passed by the trial Court on
application (Exh. No.138) rejecting the prayer for setting aside the order dated 29 th
March, 2016 by which the trial Court had directed closure of evidence of defendants'
side.
According to the petitioners - defendants, the bank statements showing
the transactions between the parties are required to be filed to substantiate the
defence of the defendants. According to the defendants, the bank statements could
not be filed on record earlier as they were not supplied by the bank. The defendants
have stated that now the bank statements are available and will be produced on
record immediately, if permitted.
4. The petition is opposed by the respondents on the ground that the
production of the documents is not permissible at this stage. It is further submitted
that there are no bonafides on the part of the defendants and the matter is being
unnecessarily prolonged.
5. Considering the facts on record and the submissions made on behalf of
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the respective parties, in my view, the defendants can be permitted to produce the
bank statements. Though the learned Advocate for the plaintiffs has argued that the
defendants cannot be permitted to produce the documents (bank statements) at this
stage, this submission was not made before the trial Court and the impugned order
does not show that the application (Exh. No.138) of the defendants is rejected on the
ground that the defendants cannot be permitted to produce the documents.
In view of the above, the following order is passed to sub-serve the ends
of justice:
(i)
The impugned order is set aside.
(ii) The application (Exh. No.138) filed by the defendants is allowed.
(iii) The trial Court shall permit the defendants to produce the bank
statements on record, if produced within one month.
(iv) If the bank statements are not produced on record within one month, the
trial Court shall not permit the defendants to produce the bank statements on record
and shall proceed with the matter.
(v) If the bank statements are produced on record within one month, the trial
Court shall proceed further taking into consideration the production of documents on
record.
(vi) The petition is allowed in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
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CERTIFICATE
" I certify that this Judgment/Order uploaded is a true and correct copy of
original signed Judgment/Order".
Uploaded By : N.V. Tambaskar.
ig Uploaded On : 6.8.2016.
Personal Assistant.
