Anilkumar Jinabhai Patel v. Maharashtra State Electricity Distribution Co. Ltd. And Others

901 W.P.1239.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

901 WRIT PETITION NO.1239 OF 2014 ANILKUMAR JINABHAI PATEL (DIED) THROUGH L.Rs. SMT. GEETABEN ANILKUMAR PATEL AND OTHERS

VERSUS

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND OTHERS ...

Advocate for Petitioner : Mr. Siddharha B. Yawalkar. Advocate for Respondent Nos.1 & 2 : Mr. Prakash B. Paithankar. ...

CORAM :

T. V. NALAWADE, J.

DATE :

13th February, 2019.

PER COURT:

.

The petition is filed to challenge the order made by the learned Civil Judge Junior Division, Jalgaon on Exhibit-81 in Regular Civil Suit No.309 of 2004. The application was moved made by the present Petitioner, Plaintiff for giving direction to the Respondent, Electricity Company to produce the documents mentioned in the application. The documents were original letters given by the Plaintiff to the Electricity Company. It was his contention that he was having office copies, but he wanted to see that original record is produced on record for proof. It can be said that there was some misconception in the mind of the Plaintiff. If the Plaintiff had given representation and he had kept office copies, he is entitled to prove the said record as office

901 W.P.1239.2014.odt copy alongwith the endorsement, if any, appearing on the office copy, which the Plaintiff must be having and if the Electricity Board admits that there was such correspondence then there will be no need to call further record and the office copy produced by he Plaintiff can be used. With these observations, the petition stands disposed of. [ T. V. NALAWADE, J. ] ndm