Writ petitioner challenged the lower court's order exhibiting documents, arguing it implied proof. The High Court held that exhibiting does not prove contents and dismisses the petition.
Petition disposed; no specific relief granted.
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(6)-WP-10840-19.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10840 OF 2019
Digitally signed by BALAJI BALAJI GOVINDRAO GOVINDRAO PANCHAL PANCHAL Date: 2022.01.18 10:55:16 +0530
Messrs. Antony Waste Handling Cell
Pvt. Ltd. Company ..Petitioner
Versus
Bharat Automotive Proprietory Firm
Through its Proprietor
Shri. Bharat Arora ..Respondent
Mr. Amit Munde, for the Petitioner.
Mr. Mohan A. Dharmaraj, for the Respondent.
CORAM : NITIN W. SAMBRE, J.
DATE : 17th JANUARY, 2022
P.C.
1.The order impugned is questioned in the petition at the
behest of the petitioner on the ground that the Court below has ordered
exhibiting of certain documents at the behest of the original
plaintiff/respondent, since exhibiting of the documents is not objected by
the petitioner. In my opinion, exhibiting the documents by the Court
below does not amount to proving the contents therein. Counsel for the
respondent/plaintiff has rightly responded to the query of the Court
about their responsibility to prove the contents of these documents in
accordance with law, which are exhibited vide impugned order.
2. In the aforesaid background, in my opinion, no interference
is called for in the extraordinary jurisdiction of this Court.
3. As such, petition stands disposed of.
[NITIN W. SAMBRE, J.]
1 o f 1
BGP.
2 issues framed by the court
Whether the High Court's extraordinary jurisdiction warrants interference on the ground that the lower court ordered exhibiting of documents not objected to by the petitioner?
Whether exhibiting of documents by the lower court amounts to proving the contents therein?
Messrs. Antony Waste Handling Cell Pvt. Ltd. Company
Bharat Automotive Proprietory Firm
NITIN W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court