Nirman India Infrastructure ... vs Ghanshyam Ramdas Gajre And Others
2024 Latest Caselaw 1814 Bom

Bombay High Court

Nirman India Infrastructure ... vs Ghanshyam Ramdas Gajre And Others on 22 January, 2024

                                              1                           11


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                   11 WRIT PETITION NO. 14671 OF 2023

 NIRMAN INDIA INFRASTRUCTURE TECHNOLOGY PRIVATE LIMITED
                     THROUGH ITS DIRECTOR
                              VERSUS
           GHANSHYAM RAMDAS GAJRE AND OTHERS
                                  ...
           Advocate for the Petitioner : Mr. Ajinkya Reddy
    Advocate for Respondent No.1 : Mr. Bhargav Bhushan Kulkarni
                                  ...

                                     CORAM : ARUN R. PEDNEKER, J.

                                     DATE         : 22nd JANUARY, 2024

PER COURT:

1.             Heard.

2. The learned counsel appearing for the petitioner submits that

in cross examination of the plaintiff's witness, a photocopy of the

document was accepted, which was not sufficiently stamped. He submits

that he filed application for de-exhibiting the document i.e. for not

permitting to put the document in evidence and for not taking the

document on record. The application is filed under Order 13 Rule 3 of the

Code of Civil Procedure, 1908. The trial court has rejected the application

and he submits that his primary contention that the document, which is

required to be stamped and the said document being not sufficiently

stamped the photocopy of that document should have not been produced

in evidence.

3. The learned counsel further submits that insufficiently

stamped document in any event cannot be put in cross-examination and

the should not have been permitted to be produced in evidence.

4. Issue notice to the respondents, returnable on 26.02.2024.

Mr. Bhargav Bhushan Kulkarni, learned counsel waives service of notice

for respondent no.1. Notice to indicate that the matter would be disposed

of at the admission stage.

5. Reply, if any, to be filed before the next date.

6. By way of an interim order, the trial court may proceed with

the matter, however, no final judgment be delivered until the decision of

this petition.

7. The parties are also at liberty to file written submissions and

the judgments, which they rely upon.

[ARUN R. PEDNEKER, J.]

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