Sushrut Medical Care And Research Society And ANR v. Padmashree Dr. Sharad M. Hardiikar And ORS

P.H. Jayani 35 WP10549.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10549 OF 2022 Sushrut Medical Care & Research Society, Pune and anr.

.... Petitioners v/s.

Padmashree Dr. Sharad M. Hardikar and ors.

.... Respondents Mr. Akshay Kulkarni with Mr. A.M. Kulkarni and Ms. Sayli Patil for the Petitioners.

Mr. Ajay Gholap for Respondent No.1.

Mr. C.D. Mali, AGP for the State.

Mr. Abhijit D. a/w. Dilip Chaudhary for R.No.8. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th DECEMBER, 2022.

P. C. :- .

By this Petition filed under Article 227 of the Constitution of India, the Petitioner has assailed the order dated 04/07/2022 passed by the Joint Charity Commissioner, Pune in Revision Application No.47/2021.

2.

The Petitioner herein has filed an Application seeking leave to produce original documents. It is stated that copies of the documents were already produced on record. This fact is not disputed. It appears that the Respondent has not objected to production of the said 1/2

P.H. Jayani 35 WP10549.2022.doc documents since the documents were not exhibited. Needless to say that marking of documents as exhibits is only an administrative step. Even otherwise, mere production of documents does not amount to proof of documents and the same needs to be proved in accordance with the provision of the Evidence Act.

3.

There are no justifiable reasons to refuse leave to produce documents in Revision Application. Suffice it to say that the said documents shall be read in evidence subject to proof as per the provisions of The Evidence Act. With this, the Petition stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI JAYANI by PREETI H JAYANI Date: 2022.12.09 17:32:04 +0530 2/2