Allowed

Ramdas Ganpat Fand v. Tulshiram Shriram Mate

Bombay HC9 Aug 2011APPLN/3340/2011

Case brief

AI extract

What is this about?

An application by the original complainant in a cheque dishonour case, who is also a plaintiff in a related civil suit, seeking return of original documents from the High Court's pending appeal record. The Court allowed the request, conditioned on furnishing true copies and an undertaking to produce originals when required.

What did the court decide?

Direction to the office to return the original documents from STC No.644/2004 upon furnishing true copies and undertaking for future production.

Ramdas Ganpat Fand Vs Tulshiram Shriram Mate — Contract and Commercial Disputes | Bombay HC (2011)

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FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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CRIMINAL APPLICATION NO.3340/2011 IN CRIMINAL APPEAL NO.748/2006

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RAMDAS GANPAT FAND VERSUS TULSHIRAM SHRIRAM MATE

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... Advocate for Petitioner(s) : Mr. Gawali Amol K. Mr. Amol Gandhi advocate for respondent.

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... CORAM : SHRIHARI P. DAVARE, J. Dated: August 09, 2011 ...

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Heard learned counsel for the parties.

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Issue notice to the respondent. Learned counsel Mr. Gandhi accepts notice for respondent.

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This is an application preferred by the applicant/original complainant, seeking directions to the office to return the original documents from the record of STC No.644/2004, copies of which are annexed at Exh.’A’ collectively.

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The applicant has preferred present application as per Chapter XX (1) (iii) of the Criminal Manual, seeking return of original documents, by filing true copy of the original

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FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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documents, for the purpose of production of the said in the Special Civil Suit No.19/2007 filed by the present applicant.

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The applicant also states that applicant has filed STC No.644/2004, on the basis of complaint filed by the present applicant under section 138 of Negotiable Instruments Act. However, learned trial court dismissed the said complaint against the present applicant and hence applicant preferred criminal Appeal No.748/2006, which is admitted and pending before this Court.

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The applicant further submits that original record of STC No.644/2004, consists of original copy of the cheque, issued by the present applicant to respondent, the memo issued by the bank when the cheque was dishonoured and some other documents which were produced by the present applicant in STC No.644/2004. The applicant also submits that since Record and Proceeding of the said STC has been called by this Court in the present appeal, same is lying in this Court.

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FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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The applicant also contends that the suit filed by the applicant against respondent is at the stage of recording of the evidence and since the original documents and R & P are lying before this Court and applicant could not produce the original documents before said court. Hence, applicant preferred application for adducing secondary evidence before said civil court, but same was rejected. Moreover, applicant also preferred the application for issuing summons to Registrar of this Court but same was also rejected by the said Court. Hence, the applicant has preferred present application for the prayers as set out herein above.

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Mr. Gandhi learned counsel for respondent submitted to the orders of the Court.

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Considering the contents of the application and considering the genuine exigency of the applicant to produce original documents before the civil court, present application deserves to be allowed, but same shall be on furnishing true copies thereof and on furnishing undertaking that the said original

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FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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documents shall be produced before this Court as and when required by this court.

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In the result, present application is allowed in terms of prayer clause ‘A’ thereof and office to return the original documents from the record of S.T.C.No.644/2004, the copies whereof are annexed at Exh. A collectively, upon the applicant’s furnishing true copies of the said documents and also upon furnishing the undertaking by the applicant that said original documents shall be produced before this Court, as and when required.

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Present application stands disposed of accordingly.

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( SHRIHARI P. DAVARE, J. )

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AAA/***

Ramdas Ganpat Fand v. Tulshiram Shriram Mate

Case brief

What is this about?

What did the court decide?

Ramdas Ganpat Fand v. Tulshiram Shriram Mate

Case brief

What is this about?

What did the court decide?

What the court decided

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