Bombay High CourtWP/6270/2014dispossed offdismiss for default

M/S Shraddha Associates Through Its Prop., Shri Balmukund S/O Surajprasad Shrivastav v. Central Bank Of India, Mumbai

2015-03-27Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6270/2014 M/s Shraddha Associates, through its Proprietor ..Versus..

Central Bank of India - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 27.3.2015 In view of the objection as raised on behalf of the petitioner/defendant Shri N.W. Almelkar, the learned advocate for the respondent seeks permission to withdraw the evidence on affidavit of Shri Dinkar s/o Ganpatrao Taklikar (plaintiff's witness no.2) with liberty to file appropriate application according to the provisions of Order 16 Rule 1(3) of the Civil Procedure Code. Though Shri Y.V. Nayyar, the learned advocate for the petitioner objects, the permission as sought for on behalf of the respondent/plaintiff is granted with liberty as prayed for as the provisions of Order 16 Rule 1(3) of the Civil Procedure Code enables the Court to grant permission to the party to examine the witness though his name is not in the witness list, if sufficient cause is

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The petition is disposed of in the above terms. In view of the above, the impugned order does not survive as the evidence on affidavit of Shri Dinkar s/o Ganpatrao Taklikar (plaintiff's witness no.2) which was objected to by the petitioner/defendant itself is withdrawn.

JUDGE Tambaskar.