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Bombay High CourtWP/10638/2016rejected

Mr. Nimaichandra Satra v. Shivnarayan Baxiram Nemani And ORS.

2016-11-30Hon'Ble Shri Justice Nitin Jamdar2 pages

1 29 WP 10638-2016.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 10638 OF 2016 Mr.Nimaichandra Satra ..

Petitioner Vs Shivnarayan Baxiram Nemani & ors.

..

Respondents Mr.B.R.Dalal, for the Petitioner.

Ms.Gauri Kale i/b Vikas Mahangare, for Respondent No.3 CORAM : N.M.Jamdar, J.

Wednesday, 30 November 2016.

P.C. :

Heard learned counsel for the parties.

2.

The application taken out by the Petitioner to direct the Respondents to provide documents of the proceedings pending in the High Court, Supreme Court has been rejected. The learned Small Causes Court Judge, Mumbai has rightly observed that nothing stops the Petitioner from obtaining these copies by himself by applying to the Court for issuance of certified copies. The Petitioner can always, relying on the impugned order seek certified copies of the order. The contention raised by the learned counsel for the Petitioner that the Petitioner does not have any finances to obtain certified copies cannot be accepted. Petition is not filed through legal aid but through an advocate. Even otherwise the charges for certified copies of the

2 29 WP 10638-2016.doc documents are nominal. The learned counsel for the Petitioner submitted that the costs may be reduced. The learned Judge in his discretion has imposed the costs holding that the earlier application was rejected. It appears that the Petitioner is repeatedly filing frivolous applications therefore, imposition of costs is fully justified. Writ Petition is rejected.

(N.M.Jamdar, J.)