M/S. Bhulaxmi Poultry Farm Rep. By ... vs Latur Solvent Extraction Pvt. ...
2021 Latest Caselaw 5590 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

           921 CRIMINAL WRIT PETITION NO.1707 OF 2020

  M/S. BHULAXMI POULTRY FARM REP. BY MR. KUNDE K. KISTAIAH
                               VERSUS
         LATUR SOLVENT EXTRACTION PVT. LTD.THROUGH
     AUTHORIZEDPERSON / M.D. SHANTILAL KISHANLAL SAHU
                                  ...
   Advocate for Petitioner : Mr. G. R. Syed h/f Mr. Patel Fayaz K.
                                  ...
                       CORAM : SMT.VIBHA KANKANWADI, J.
                       DATE : 24-03-2021.
ORDER :

1. Learned Advocate Mr. G. R. Syed holding for Mr. Patel F. K. has been heard in this matter for considerable time. He has also relied on three Judgments of this Court and prayed that the objections which have been raised by the petitioner at Exhibit 102 in fact ought to have been decided by the learned Magistrate immediately, but then application has been rejected. He submits that if the directions are given to the learned Magistrate by setting aside the said order below Exhibit 102, that those objections should be decided first, then the purpose of the petition would be served.

2. Important point to be noted is that the matter is coming for the first time, no notice is also issued to the other side. However, unless there is some merit in the matter, then only there is point in issuing notice to the other side. Though the learned Advocate for the petitioner has relied on the decisions by this Court, note will have to be taken in respect of the decision by the Hon'ble Supreme Court in Bipin Shantilal Panchal V. State of Gujarat and another, reported in AIR 2001 SC 1158, wherein following is the observation,

2 CriWP 1707-2020

"13. When so recast, the practice which can be better substitute is this ; whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial Court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the Court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. However we make it clear that if the objection relates to deficiency of stamp duty of a document the Court has to decide the objection before proceeding further."

3 Now the learned Advocate Mr. G. R. Syed wants to prepare

himself thoroughly on the subject and, therefore, stand over to 16-

04-2021.

(SMT. VIBHA KANKANWADI) JUDGE

vjg/-