Nanasaheb Dnyanoba Wagh And Others v. The Beed Dcc Bank Ltd Through Its General Manager And Others

2025:BHC-AUG:11206 1 30-wp 4117-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4117 OF 2025 Nanasaheb Dnyanoba Wagh And Others .. Petitioner

Versus

The Beed DCC Bank Ltd.

Through Its General Manager And Others .. Respondents Mr. Uttam Telgaonkar, Advocate for the Petitioner. CORAM :

KISHORE C. SANT, J.

DATED : 16th APRIL, 2025.

P. C. :- .

At the outset, learned advocate for the petitioner seeks leave to correct respondent No. 1 as respondent No. 2 in the petition in paragraph No. 4 in line No. 3.

2.

Leave granted. Amendment be carried out forthwith. 3.

This petition is filed against the order dated 06.02.2025 passed by the learned Judge, Co-Operative Court, Latur in dispute No. 357/2015. The application of the petitioner praying for de-exhibiting the document came to be rejected by the learned Trial Court. It is the case of the petitioner that, initially dispute was allowed ex-parte. The appellate Court set aside the ex-parte order subsequently and the

2 30-wp 4117-2025.odt dispute was restored. In the dispute, the petitioner filed an application to de-exhibit the document stating that, earlier the documents were exhibited when the suit was decided ex-parte. The exhibited documents are not proved. Without any proof the documents are exhibited.

4.

This Court finds that, there is no provision to de-exhibit the document once it is exhibited. Hence, the petitioner's request cannot be accepted. However, at the same time, it is necessary to make it clear that, the learned Trial Court shall not read the documents unless proved which are exhibited unless those are specifically proved by the parties.

5.

With this, the writ petition stands disposed of. No order as to costs.

( KISHORE C. SANT, J. ) P.S.B.