M/S. New Handy Vijay Hire Depot Pvt. Ltd. v. Mrs. Sohini Mohan Shah @ Jain

P11&12-WP-1478&1479-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1478 OF 2017 ALONG WITH WRIT PETITION NO. 1479 OF 2017 M/s. New Handy Vijay Hire Depot Pvt.Ltd.

...Petitioner

Versus

Mrs. Sohini Mohan Shah @ Jain

...Respondent

---------- Mr. S.S. Redij, for the Petitioner (in both Petitions). Mr. P.J. Ramchandani, for the Respondent (in both Petitions). ---------- CORAM :

N.M. JAMDAR, J.

DATE : 2 February 2017 ORDER :

1.

Not on board. Taken on production board by way of praecipe.

2.

Heard the learned Counsel for the parties. By the impugned order, the learned Small Causes Court, Judge has rejected the Application for issuance of summons to the Sharayu.

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P11&12-WP-1478&1479-17.doc developer which was taken out by the Petitioner-Defendant No.

2. Perusal of the order shows a justifiable indignation on the part of the learned Small Causes Court, Judge, as on various dates time was sought and the matter was not proceeded with. Even though the witness summons was once issued, not persuade, thereafter, again the same is sought to be issued to the same witness. The learned Counsel for the Petitioner states that there was no intention to delay and a liberty be given to the Petitioner in the interest of justice. He states that both the Petitioner as well as the Advocate will tender an unconditional apology to the learned Small Causes Court, Judge in writing.

In view of this stand taken by the Petitioner, if the written apology tendered to the learned Small Causes Court, Judge within a period of one week from today, then the learned Small Causes Court, Judge will issue the necessary witness summons as sought for. The written apology shall also contain an assurance on the part of the Petitioner as well as the Advocate that all cooperation will be extended to the learned Small Causes Court, Judge for expeditious disposal of the Suit.

3.

The learned Small Causes Court, Judge will fix a stringent time schedule for examination of the witness. 4.

The Writ Petitions are accordingly disposed of, in above terms.

[N.M. JAMDAR, J.] Sharayu.

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