M/S. Rainbow Engineers vs M/S. Tafe Motors And Tractors ...
2022 Latest Caselaw 6269 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 9405/2022

M/s. Rainbow Engineers
                                                                        ----Petitioner
                                   Versus
M/s. Tafe Motors And Tractors Limited & Ors.
                                                                     ----Respondents

For Petitioner(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) : Ms. Mahi Yadav with Mr. Yatharth Gupta

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

20/09/2022 Heard learned counsels for the parties.

Issue notice confined to the respondent No.3. Rule is made

returnable by five weeks. Notices be filed in two sets. One set of

notices be sent through registered post with acknowledgment due.

Notices may also be given "dasti". Steps to be taken within a

week.

Learned counsel for the petitioner, relying upon a three-

Judges Bench of the Hon'ble Apex Court of India in case of Arjun

Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal & Ors.: Civil

Appeal Nos.20825-20826 of 2017 dated 14.07.2020 and other

connected matters, submitted that even if there is any

deficiency/defect in the certificate issued under Section 65-B(4) of

the Indian Evidence Act, 1872, the Trial Judges must summon the

authority/person issuing the same. He, therefore, prays that the

further proceedings in Civil Suit No.238/25/21 (CIS No.8/2021) be

stayed.

(2 of 2) [CW-9405/2022]

Taking into consideration the contentions advanced by the

learned counsel for the petitioner, the material on record and the

judgment of the Hon'ble Apex Court of India in case of Arjun

Panditrao Khotkar (supra), this Court deems it just and proper to

stay the further proceedings in Civil Suit No.238/25/21 (CIS

No.8/2021), till further orders.

(MAHENDAR KUMAR GOYAL),J

Sudha/270

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