Kondiba Dattatray Giri v. M/S. Rahul Fabric Pro. and Ors.
Case brief
What is this about?
Writ Petition 13455 of 2024, Bombay High Court, Milind N. Jadhav, 14 August 2025; rejection of Applications during trial; RTI application and Police Authorities' response allowed to be marked in evidence subject to secondary evidence under Section 65 Indian Evidence Act 1872 and cross-examination; certified copies of Section 138 criminal proceedings foreign to cause of action, not to be produced or marked as Exhibits; liberty to refer and rely at final arguments subject to objections; Reference (IDA) No. 171/2017 to be disposed within two months; parties not to take unnecessary adjournments; petition partly allowed.
What did the court decide?
Writ Petition partly allowed: (i) the RTI application and the Police Authorities' response may be marked in evidence subject to proof by secondary evidence under Section 65, Indian Evidence Act, 1872, with opportunity for the Respondents to cross-examine; (ii) the certified copies of the Section 138 proceedings cannot be produced in evidence or marked as Exhibits, but the Petitioner may refer to and rely on them at final arguments subject to the Respondents' objections; (iii) Reference (IDA) No. 171/2017 to be disposed of within two months.