Janata Sahakari Bank Ltd., By Its ... vs Shri Pundalik Shankarrao Dakare And ...
2023 Latest Caselaw 12725 Bom

Bombay High Court

Janata Sahakari Bank Ltd., By Its ... vs Shri Pundalik Shankarrao Dakare And ... on 13 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2023:BHC-NAG:17120
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                                WRIT PETITION NO. 1208 OF 2021
                                         Janata Sahakari Bank Ltd.
                                                   -Vs.-
                                    Pundalik Shankarrao Dakare and anr.
           ----------------------------------------------------------------------------------------------
           Office notes, Office Memoranda of
           Coram, appearances, Court's orders      Court's or Judge's Orders.
           or directions and Registrar's orders.
           ----------------------------------------------------------------------------------------------
                                  Mr.C.A.Babrekar , counsel for the petitioner.
                                  Mr. N.R.Saboo, counsel for the respondents.




                                                     CORAM : AVINASH G. GHAROTE, J.

                                                     DATE         : 13TH DECEMBER, 2023

                                            Heard     Mr.Babrekar,      learned    counsel     for   the
                                  petitioner.

2. The petition challenges the judgment passed by the learned Cooperative Appellate Court dated 06/02/2020 in Revision Application No.16 of 2019, whereby the order below Ex.74 an application for permission to lead evidence by the petitioner/disputant in Dispute No.289 of 2013, which was allowed by the learned Cooperative Court by its order dated 04/05/2019 (pg.91) has been set aside and the application below Ex.74 has been dismissed.

2. Mr.Babrekar, learned counsel for the petitioner, assailing the judgment of the learned Cooperative Appellate Court in revision, contends that the need to examine the witness, namely the accountant of the petitioner-Bank was

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felt on account of the respondents having not stepped into the witness box. He, therefore, submits that an opportunity was required to be granted to the petitioner.

3. It is not in dispute that the petitioner has filed a Dispute No.289 of 2013 against the respondent, in support of which the petitioner had examined Dipak Wamanrao Nimkar, in-charge Chief Executive Officer vide Ex.24 and had closed their evidence by filing pursis dated 04/04/2019 Ex.71. The respondents, who are opponents in the dispute have filed pursis at Ex.72 and 73 choosing not to lead any evidence consequent to which Ex.74 the application to lead evidence by the petitioner/disputant has been filed.

4. The contention that the need to examine additional witness, was felt on account of the respondents not examining themselves, is clearly fallacious, for the reason that the disputant/petitioner is in law enjoined to prove its case by examining any number of witnesses when its side commences. There cannot be any reservation to lead any rebuttal evidence, based upon the evidence which may be led by the opponents/respondents. That being the case, in my considered opinion, no ground is made out, for permitting the petitioner/disputant to lead additional evidence. I therefore, do not see any reason to interfere in the impugned judgment passed by the learned Cooperative Appellate Court. The petition is therefore, dismissed. No costs.

JUDGE Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 13/12/2023 17:32:27 KHUNTE