M/S R Rajkotiya And Company Through Partners Rajesh Chandulal Rajkotiya And Another v. Omprakash Sitaram Agrawal And Others

Madkar 1 W.P. No.13740/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

925. WRIT PETITION 13740 OF 2018 M/s. R. Rajkotiya and Company ... Petitioner

Versus

Omprakash Sitaram Agrawal and others ... Respondents Mr. M.M. Bhokarikar, Advocate for petitioner. Coram : N.M. Jamdar, J.

Date : 11 December 2018.

ORAL ORDER :

1.

Heard the learned Counsel for the petitioner. The petitioner-tenant has filed this petition challenging the order passed by the learned Civil Judge (Junior Division), Jalgaon, dated 28 June 2018 rejecting the application for issuance of the witness summons. 2.

The petitioner sought to examine one Executive Engineer of the Maharashtra State Electricity Distributory Company Ltd. and a photographer. The learned Civil Judge rejected the application on the ground that the photographer and the Officer of the M.S.E.D.C.L. have already been examined and there is no need to re-issue the summons to these persons.

Madkar 2 W.P. No.13740/2018 3.

According to the learned Counsel for the petitioner, this was necessary in view of the subsequent events. According to the petitioner there have been subsequent events regarding electricity meter being installed.

4.

As rightly observed by the learned Civil Judge, this is an attempt to delay the proceedings. Same exercise is sought to be repeated on the ground that the electricity meter has restarted. There is no reason to interfere with the impugned order. Whatever the defence the petitioner has, as pleaded and available in law and facts, is open for the petitioner to argue the same at the time of hearing of the suit.

5.

The writ petition is rejected.

N.M. Jamdar, J.