Naresh Jain And ANR v. Jayaben Chhaganlal Kesur And ORS

(12)-WP-2706-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.04.13 15:58:29 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.2706 OF 2022 Naresh Jain and Anr.

..Petitioners

Versus

Jayaben Chhaganlal Kesur and Ors.

..Respondents Mr. Ranjit Dharmadhikari a/w Riya Makwana i/by IC Legal, for the Petitioners.

Ms. K. C. Nichani i/by M/s. Bharat Vaishnawa & Co., for the Respondent Nos.1 to 4.

CORAM : NITIN W. SAMBRE, J.

DATE : 11th APRIL, 2022 P.C.

1.

Heard.

2.

The orders impugned have resulted into exhibiting and admitting the documents in evidence during the process of conducting a suit in absence of a specific objection on the part of the petitioners to that effect.

3.

Drawing support from the judgments in the matter of SMS Tea Estates Private Limited Vs. Chandmari Tea Company Private Limited reported in (2011) 14 SCC 66 and Santosh Anant Raut Vs. Pukharaj Chogmal Rathod and Anr. reported in 2010(4) Mh.L.J. 22, the contentions are, the Court failed in its duty in BGP.

(12)-WP-2706-22.doc.

exhibiting and admitting the documents when in fact the documents are not registered and appropriate stamp duty is not paid. It appears that the petitioners have not raised such objection before the Court below at an appropriate stage, as a consequence, the Court below has passed an order impugned.

4.

In my opinion, in view of Full Bench judgment of this Court in the matter of Mr. Hemendra Rasiklal Ghia Vs. Subodh Mody reported in 2008(6) ALL MR 352, the Court below was justified in exhibiting and admitting the documents in evidence. No infirmity could be noticed in the order impugned. 5.

The petition as such fails, dismissed.

[NITIN W. SAMBRE, J.] BGP.