This court disposed of a writ petition challenging an order rejecting a plea for production of documents in an underlying civil suit, observing that the party may file a fresh application for the documents.
Petitioner directed to file application before Trial Court for production of documents.
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wpst-4387-15-(906)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION St.NO. 4387 OF 2015
Vinod Vithal Keni Vs.
..Petitioner
The Municipal Corporation of Greater Bombay & Ors..Respondents
Mr. Madhav Jamdar for the Petitioner Ms Pallavi Thakur for the Respondent No.1
CORAM : R. M. SAVANT, J. DATE : 10th MARCH, 2015
P.C.
1 The Writ Jurisdiction of this Court is invoked against the order dated 16-12-2014 passed by the Learned Judge of the City Civil Court, Bombay, by which order, Notice of Motion No.2536 of 2012 filed by the Petitioner / Plaintiff for permitting him to file an additional affidavit of evidence came to be rejected. In the said affidavit of evidence, the Plaintiff wanted to refer to the documents which are annexed to the above Petition at pages 94 and 96 as also the letters dated 2-9-2005 and 4-9-2006 of the Municipal Corporation of Greater Mumbai. The Trial Court has rejected the said application considering the stage at which the Suit in question is at present.
2 It is the case of the Plaintiff that after the said Notice of Motion was filed and during its pendency the Petitioner has obtained copies of the said documents under the Right to Information Act from the Municipal Corporation of Greater Mumbai. If that be so, it would be open for the Plaintiff to apply to
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wpst-4387-15-(906)
the Trial Court for production of the said documents and to be read in evidence. If any such application is made, the Trial Court would consider the same on its own merits and in accordance with law, uninfluenced by the impugned order. With the aforesaid observations, the Writ Petition is disposed of.
[R.M.SAVANT, J]
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1 issue framed by the court
Whether the Writ Jurisdiction should permit production of documents in the underlying civil suit via writ petition after their rejection of notice of motion.
Vinod Vithal Keni
The Municipal Corporation of Greater Bombay
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
