Arjunsingh S/O Lakhansingh ... vs Pragji Devram Chavhan And Others
2022 Latest Caselaw 11542 Bom

                                                         1                            19.WP.7069-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 7069 OF 2022
                 ( Shri Arjunsingh s/o Lakhansingh Chandel & Ors.
                                         Vs.
                         Shri Pragji Devram Chavhan & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.S. Dhore, Advocate for the Petitioners.
                                  Mr. N.A. Chavhan, Advocate for the Respondent Nos.1 & 2.
                                  Ms. Mrunal Barabde, AGP for the Respondent Nos. 3 & 4/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th NOVEMBER, 2022.

Heard.

2. The petition challenges the order dated 27.09.2022 (page 24) and the order under review dated 09.11.2022 (page 27), whereby the application for permission to file list of witnesses by the petitioners before the Trial Court is rejected and review whereof is also rejected.

3. It is not in dispute that by an order dated 08.07.2022 passed in Writ Petition No. 3089/2022, this Court has directed decision of the suit expeditiously and in any case by 15.11.2022. The evidence of the plaintiff and his witnesses thereafter was recorded and so also the evidence of three of the defendants have been recorded. Thereafter, an application at Exh. 82 came to 2 19.WP.7069-2022.odt

be filed for permission to produce list of witnesses is placed on record, which has been rejected as indicated above and so also the review, considering the time limit which has been fixed by this Court for decision of the suit.

4. Mr. Dhore, learned counsel for the petitioners submits, that it was merely by inadvertence on part of the counsel before the learned Trial Court, that list of witnesses was not placed on record and great prejudice would be caused to the defendants, if the relevant and material witnesses were denied to be examined. He submits, that that any inconvenience which may be caused to the plaintiff, can be compensated by suitable costs, for which the petitioners/defendants have volunteered to pay a cost of Rs. 25,000/- (Rs. Twenty Five Thousand) to the plaintiff. Though Mr. Chavhan, learned counsel appearing for the respondent Nos. 1 and 2 suo moto, opposes, which is followed suit by the learned AGP for the respondent Nos. 3 and 4, Considering that a valuable right to adduce evidence is likely to be taken away and the suit is required to be decided on merits, the impugned orders are hereby quashed and set aside on the following conditions:

(i) The petitioners shall pay a cost of Rs. 25,000/- (Rs. Twenty Five Thousand) to the original plaintiff by depositing the same before the learned Trial Court on 16.11.2022.

(ii) On 16.11.2022, the petitioners shall 3 19.WP.7069-2022.odt

place on record an affidavit evidence of all the witnesses with a copy to the other side and shall also complete their examination-in-chief on the same date.

(iii) The plaintiff shall cross examine the witnesses of the defendants on 21.11.2022 and shall complete the cross-examination on the same date.

(iv) The parties shall advance their oral arguments on 23.11.2022, on which date, the learned Trial Court shall close the case for judgment.

5. The petition is therefore allowed in the above terms. No costs.

6. Steno Copy is granted.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:14.11.2022 15:26