In a notice of motion filed during suit No. 4908 of 1999, the plaintiff sought permission to lead secondary evidence. The Single Judge refused to entertain the interim proceeding, directing the plaintiff to apply to the trial court under settled law.
Notice of motion dismissed with no order as to costs.
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24-NMS869-14.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 869 OF 2014
IN
SUIT NO. 4908 OF 1999
East West Carriers…Plaintiffs
Versus
Godrej-GE Appliances Ltd.…Defendants
Mr. Rushabh Seth, i/b M/s. M.S. Bodhanwala & Co., for the
Plaintiffs.
Ms. Radha Bhandari, i/b M/s. M.V. Kini & Co., for the Defendants.
CORAM: G.S. PATEL, J DATED: 21st July 2014
PC:-
1.This is Plaintiffs’ notice of motion for permission to lead
secondary evidence. It is now settled, including by a decision of the
learned Single Judge of this Court in Indian Overseas Bank v Trioka
Textile Industries & Ors.1 that no such interim proceeding is
maintainable. A party who desires to lead secondary evidence must
do so before the trial court. An independent application is neither
necessary nor desirable.
1 2006 (6) Bom.C.R. 85, per Vazifdar, J.
1 of 2
24-NMS869-14.DOC
2. The notice of motion is dismissed with no order as to costs. It is always open to the Plaintiffs to lead secondary evidence in respect of any matters that arise.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether a notice of motion for permission to lead secondary evidence is maintainable without seeking leave from the trial court.
Colour shows how this judgement treated each authority
Indian Overseas Bank v. Trioka Textile Industries & OthersDistinguished¶1
Indian Overseas Bank v Trioka Textile Industries & Ors.
G.S. PATEL
Bhushan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court