Naresh Jain And Anr vs Jayaben Chhaganlal Kesur And Ors
2022 Latest Caselaw 3887 Bom

                       (12)-WP-2706-22.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
          signed by
          BALAJI
                                       CIVIL APPELLATE JURISDICTION
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:

                                         WRIT PETITION NO.2706 OF 2022
          2022.04.13
          15:58:29
          +0530




                       Naresh Jain and Anr.                                  ..Petitioners
                            Versus
                       Jayaben Chhaganlal Kesur and Ors.                    ..Respondents

                       Mr. Ranjit Dharmadhikari a/w Riya Makwana i/by IC Legal, for the
                       Petitioners.
                       Ms. K. C. Nichani i/by M/s. Bharat Vaishnawa & Co., for the
                       Respondent Nos.1 to 4.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 11th APRIL, 2022

P.C.

1. Heard.

2. The orders impugned have resulted into exhibiting and admitting the documents in evidence during the process of conducting a suit in absence of a specific objection on the part of the petitioners to that effect.

3. Drawing support from the judgments in the matter of SMS Tea Estates Private Limited Vs. Chandmari Tea Company Private Limited reported in (2011) 14 SCC 66 and Santosh Anant Raut Vs. Pukharaj Chogmal Rathod and Anr. reported in 2010(4) Mh.L.J. 22, the contentions are, the Court failed in its duty in

BGP. 1 of 2 (12)-WP-2706-22.doc.

exhibiting and admitting the documents when in fact the documents are not registered and appropriate stamp duty is not paid. It appears that the petitioners have not raised such objection before the Court below at an appropriate stage, as a consequence, the Court below has passed an order impugned.

4. In my opinion, in view of Full Bench judgment of this Court in the matter of Mr. Hemendra Rasiklal Ghia Vs. Subodh Mody reported in 2008(6) ALL MR 352, the Court below was justified in exhibiting and admitting the documents in evidence. No infirmity could be noticed in the order impugned.

5. The petition as such fails, dismissed.

                                          [NITIN W. SAMBRE, J.]




BGP.                                                      2 of 2