Firdosh Minocher Homavazir v. Victory Auto Works

habeeb 1 17.wp.5469.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.5469 OF 2016 Firdosh Minocher Homavazir .. Petitioner Vs Victory Auto Works .. Respondent Mr. R. M. Vanoo a/w A. J. Uniyal and B. L. Mangale for the Petitioner.

Mr. Rohan Cama a/w Niren Shah i/b. Prakash & Co. for the Respondent.

CORAM : N.M.Jamdar, J.

Wednesday 7 December 2016.

P.C. :

.

Heard the learned counsel for the parties.

2.

The limited grievance made by the learned counsel for the Petitioner is that the certified copies of certain documents which are part of the record of the City Civil Court, and which according to the Petitioner are necessary to be tendered in the present proceeding have not been made available and also by the impugned order, prayer for leading secondary evidence in respect of these documents has been rejected.

3.

If the grievance of the Petitioner is that certified copies of

habeeb 2 17.wp.5469.16.doc court record are not been made available, that can be redressed by issuing suitable direction to the Registry. Accordingly, the Petitioner will make an application for certified copies of the documents, details of which the Petitioner has already placed on record as necessary to be filed in the pending proceedings, to the City Civil Court within one week from today. Once such an application is filed, the Registry will issue certified copies to the Petitioner within two weeks from the receipt of the application. In the circumstances, no further orders are required to be passed in this Writ Petition which is disposed of. The Registry to communicate the order to the City Civil Court forthwith. The order is passed in view of the practical difficulty stated to be faced by the Petitioner and is not a reflection on the merits of the rival contentions.

(N.M.Jamdar, J.)