The Cricket Club Of India Ltd. v. Akash Timblo

WP 664-2020.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 664 OF 2020 The Cricket Club of India Ltd.

.Petitioner Vs.

Akash Timblo .Respondent Mr. Sumnath Anchan a/w Mr. Naresh Ratnani & Ms Hetal Master i/b. Ashwin Ankhad & Associates, Advocate, for the Petitioner Mr. Erach Kotwal, Counsel a/w Mr. O. Mohandas with Mr. J. P. Kapadia with Ms. Gaurangi Pujara with Ms Rashi Jain i/b. Little & Co., Advocate, for the Respondent

CORAM

:

REVATI MOHITE DERE, J.

DATE :

31.01.2020 P. C.

.

On the last date, the matter was adjourned to enable the Petitioner to comply with the order dated 25.11.2019 passed by the learned Judge, City Civil Court, Greater Bombay. Learned counsel for the Petitioner states that pursuant to the said order dated 25.11.2019, the Respondent and his counsel were allowed to take inspection of the Forensic Report. He submits that pursuant to the said order dated 25.11.2019, the Petitioner has furnished a copy of page No. 38 of the Forensic Report to the Respondent, as the Respondent ( Plaintiff's ) name is reflected on the said page and as it concerns the Respondent ( Plaintiff ).

WP 664-2020.doc 2.

Learned counsel for the Respondent submits that although inspection was permitted, the Plaintiff and his counsel were not permitted to take notes. Learned counsel for the Respondent states that the Respondent was not permitted to take copies of other pages which according to them, were relevant for the Plaintiff's case and as directed by the trial Court vide orders dated 25.11.2019, 17.12.2019 & 20.12.2019.

3.

Learned counsel for the Petitioner states that as they have complied with the order of the trial Court, inasmuch, as they have given inspection of the Forensic Report and also given a xerox copy of page No. 38 of the said report, they do not wish to press this Petition and seek leave to withdraw the same.

4.

Needless to state, that the Respondent is always at liberty to file an appropriate Application before the trial Court, if there is noncompliance of the trial Court's orders . 5.

The Petition is accordingly disposed of as withdrawn. (REVATI MOHITE DERE, J.)