Bajaj Allianz General Insurance Co. Ltd. v. Miss Utkarsha Santosh Deshmukh And ORS.

wp-1035-17-(905)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1035 OF 2017 Bajaj Allianze General Insurance Company Ltd. ..Petitioner Vs.

Utkarsha Santosh Deshmukh & Anr ..Respondents WITH WRIT PETITION ST.NO.35169 OF 2016 Bajaj Allianze General Insurance Company Ltd. ..Petitioner Vs.

Utkarsha Santosh Deshmukh & Ors ..Respondents Mr. D. S. Joshi for the Petitioner in both the Petitions CORAM :

R. M. SAVANT, J.

DATE :

24th JANUARY, 2017 P.C.

The applications Exhibit 114 filed in MACP No.84 of 2011 and Exhibit 64 MACP No.85 of 2011 filed by the Petitioner Insurance Company for summoning the first informant Mr. Vaibhav Takawale as the court's witness being rejected by the Learned Judge of the MACT Baramati, has given rise to the filing of the above Petitions. The said applications have been rejected on the ground that such a procedure of summoning a person as court's witness is unknown to our system. The Trial Court has observed that it would be open for the Petitioner to examine the said witness as its witness. mmj

wp-1035-17-(905) In my view, no exception could be taken to the impugned order having regard to the reason mentioned therein for rejection of the applications Exhibit 114 and Exhibit 64. In that view of the matter, no case for interference is made out. The Writ Petitions are accordingly dismissed. [R.M.SAVANT, J] mmj