Sharad Gangadhar Patil v. Swarupa Vijay Kabra

1 910-WP-4502-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4502 OF 2022 SHARAD GANGADHAR PATIL

VERSUS

SAU. SWARUPA VIJAY KABRA ...

Advocate for Petitioner : Mr. Vinod P. Patil ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 22nd April, 2022 P. C. :

1.

The objection of the Petitioner/Original Defendant for exhibiting the documents produced alongwith Exhibit-78, is negatived by the Trial Court.

2.

Similarly, the objection raised by the Petitioner to the relevancy of the documents, which were sought to be referred to him during cross-examination, is also rejected by the Trial Court. Hence this petition.

3.

It is settled legal position that if the documents are referred to a witness during his cross-examination, the said documents have to be

2 910-WP-4502-2022.odt exhibited. At the time of final argument, the Petitioner is entitled to question the admissibility and relevancy of the said documents on the ground that the exhibited documents are not proved in accordance with law. The Trial Court will consider the said argument on merit. 4.

There is no illegality or perversity in the order impugned in the present petition. Writ Petition is, therefore, dismissed by granting aforesaid liberty to the Petitioner.

[NITIN B. SURYAWANSHI, J.] Najeeb