Haldiram Foods International ... vs Krishna S/O Bansi Barahate And ...
2017 Latest Caselaw 881 Bom

                                 1                                      wp4998.14




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  

                           NAGPUR BENCH, NAGPUR.



 WRIT PETITION NO. 4998 OF 2014


 Haldiram Foods International Limited, 
 A Company incorporated under the 
 Companies Act, 1956 - Having its 
 Registered Office at 880, Small Factory
 Area, Wardhaman Nagar, Nagpur - 
 through its Director Shri Rajendrakumar
 s/o Shivkisanji Agrawal, Aged 54 years, 
 Occupation - Business and Agriculturist, 
 Resident of 918, Deshpande Layout, 
 Wardhaman Nagar, Nagpur.                             ....       PETITIONER


                     VERSUS


 1) Krishna s/o Bansi Barahate, 
     Aged 65 years, Occ.- Agriculturist, 
     R/o At Parsodi, Post Khapri,
     Wardha Road, Tahsil - Nagpur
     (Rural), District - Nagpur.

 2) Dilip s/o Sewakram Barahate,
     Aged 47 years, Occ. - Agriculturist.

 3) Siddharth Sewakram Barahate, 
     Aged 40 years, Occ. - Agriculturist, 

     Respondent Nos. 2 & 3 R/o at Parsodi,
     Post Khapri, Wardha Road, Tahsil 
     Nagpur (Rural), District Nagpur. 

 4) Sou. Asha w/o Bhimrao Patil,
     Aged 51 years, Occ. - Household, 



::: Uploaded on - 30/03/2017                 ::: Downloaded on - 27/08/2017 20:24:03 :::
                                       2                                           wp4998.14




     R/o Dinprazashit Society, Plot No.15,
     Narendra Nagar, Nagpur.

 5) Maya Purushottam Charbhe, 
     Aged 38 years, Occ. - Household,
     R/o Plot No.36, Mouza Alodi, Wardha,
     Tahsil and District Wardha. 
                                                                ....       RESPONDENT


 ______________________________________________________________
   Ms. Mohini Sharma, Advocate h/f. Shri S.V. Purohit, Advocate for the
                                petitioner,
         Shri Harish Thakur, Advocate for the respondent No.1, 
          Shri C.R. Najbile, Advocate for the respondent No.3. 
  ______________________________________________________________

                               CORAM : Z.A. HAQ, J.

DATED : 20 MARCH, 2017.

th

ORAL JUDGMENT :

Heard Ms. Mohini Sharma, Advocate holding for Shri

S.V. Purohit, Advocate for the petitioner, Shri Harish Thakur, Advocate

for the respondent No.1 and Shri C.R. Najbile, Advocate for the

respondent No.3.

2. Rule. Rule made returnable forthwith.

3. The original plaintiff has challenged the order passed by

the trial Court refusing to exhibit the documents (7/12 Extracts). The

learned trial Judge has recorded that the documents cannot be

3 wp4998.14

exhibited through the witness-Sunil Rajkumar Jain as names of several

other persons particularly the plaintiffs are also reflected in those

documents.

4. The documents (7/12 Extracts) sought to be exhibited are

public documents. The learned trial Judge has overlooked this aspect.

In my view, the impugned order is not sustainable and has to be set

aside.

5. Hence, the following order :

(i) The impugned order is set aside.

(ii) The documents (7/12 Extracts) sought to be exhibited

through the witness-Shri Sunil Rajkumar Jain be exhibited.

(iii) The trial Court may further proceed in the matter

according to law.

Rule made absolute in the above terms. In the

circumstances, the parties to bear their own costs.

JUDGE

adgokar