In WP No.1245 of 2017, the single judge held that the impugned order did not exhibit any patent illegality or arbitrariness. The petitioner's claim regarding blank cheque issuance was rejected as lacking justification, leading to dismissal.
Writ petition dismissed with costs; rule discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp124517.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1245 OF 2017
Narayan s/o Ramrao Badar, age: 59 years, Occ: Business, R/o Jodwalsa, Tq. Bhokardan, District Jalna.
Petitioner
Versus
Shweta w/o Ashish Sethi, age: 39 years, Occ: Business, R/o Sethi Chambers, Kiranachawdi, Aurangabad.
Respondent
Mr.Dhananjay Mane, advocate holding for Mr.Umesh Bodkhe, advocate for the petitioner Mr.A.H.Kasliwal, advocate holding for Mr.A.D.Kasliwal, advocate for the Respondent.
CORAM : S.B.SHUKRE, J. DATE : 08th February, 2017
ORAL JUDGMENT:
1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
2 On going through the impugned order, I do not see any patent illegality or arbitrariness in the same. The only defence, petitioner proposes to take in this case, is that though he issued cheque, he issued it in blank form. But, the petitioner has not given any reason as to why he issued the cheque in blank form. He has also not given the reason as to why various amounts have been transferred at the behest of Respondent-plaintiff. Merely taking a defence for the sake of defence could not have been
wp124517.odt
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permitted by the learned Civil Judge and this is what he has done in the instant case.
3 I see no merit in this petition and same stands dismissed with costs. Rule discharged.
S.B.SHUKRE JUDGE
adb/wp124517
2 issues framed by the court
Whether there is a patent illegality or arbitrariness in the impugned order dismissing the suit.
Whether the petitioner having issued the cheque in blank form is a valid defence.
Narayan s/o Ramrao Badar
Shweta w/o Ashish Sethi
S.B. Shukre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
