Partly allowed

Sunanda Estate Pvt.Ltd v. Hansraj Vallabhaji Chothanithakkar

Bombay HC17 Feb 2014APPLN/920/2014

Case brief

AI extract

What is this about?

This application sought transfer of record and proceedings from the High Court to the Civil Court in a related civil suit. The Court held that while the lower court could not directly requisition records from a higher judicial authority, the records should be forwarded upon a specific list submitted by the applicant.

What did the court decide?

Applicant directed to submit a list of documents required; original documents to be handed over to the applicant after retaining certified xerox copies.

Sunanda Estate Pvt.Ltd Vs Hansraj Vallabhaji… — Contract and Commercial Disputes | Bombay HC (2014)

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appln 920.14.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 920 OF 2014 IN APEAL/655/2008

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SUNANDA ESTATE PVT.LTD

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VERSUS

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HANSRAJ VALLABHAJI CHOTHANI

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Advocate for Applicants : Mr. H.F. Pawar Mr. Girish Rane advocate for respondent

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CORAM : ABHAY M. THIPSAY, J. Dated: February 17, 2014

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P.C. :-

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Heard the learned counsel for the parties.

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The applicant/appellant had prosecuted the respondent herein on the allegation of having committed an offence punishable u/s 138 of the Negotiable Instruments Act. The trial resulted in the acquittal of the respondent no.1. The present appeal has been filed against the said order of acquittal. In connection with this appeal against acquittal, Record and Proceedings have been called for and they are lying in this Court. The applicant/appellant has also filed a civil suit for recovery of the amount of the cheque in question, and said civil suit is pending. In the trial of the civil suit, the original documents which are lying in the Record and Proceedings of the Trial Court, which is now in this Court, are required to be produced before the

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2 appln 920.14.odt

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Civil Court. An application was made by the applicant/appellant (plaintiff) before the Civil Court praying that Record and Proceedings of the case in question be called for from this Court. The learned Civil Judge Senior Division was of the view that, he could not call for the Record and Proceedings from a Higher Court. Under these circumstances, present application has been made praying that the Record & Proceedings be sent to the Court of Civil Judge Senior Division, Jalgaon.

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The view of the Civil Judge Senior Division that he could not call the Record & Proceedings from this Court, is patently erroneous. It was not the question of superiority of courts as the requisition to call for the Record and Proceeding was necessarily required to be given to the Administrative side of this Court – and not to the Judicial Side.

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Anyway, instead of wasting further time, after hearing the learned counsel for the parties, it is thought fit that the application should be disposed of by the following order.

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ORDER

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The application is partly allowed.

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The applicant shall furnish to the Registry of this Court, a list of the documents which are required by him for production before the Civil Court.

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3 appln 920.14.odt

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On such list being submitted, the original documents be handed over to the applicant/appellant after retaining xerox copies of all such documents, duly certified by the Registry of this Court as true copies, on the record available with this Court.

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The charges for copying shall be borne by the applicant/appellant.

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The application stands disposed of accordingly.

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( ABHAY M. THIPSAY )

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JUDGE

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aaa/-

Sunanda Estate Pvt.Ltd v. Hansraj Vallabhaji Chothanithakkar

Case brief

What is this about?

What did the court decide?

Sunanda Estate Pvt.Ltd v. Hansraj Vallabhaji Chothanithakkar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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