Kanta Dattaram Naik Arondekar Thr. Its Poa Amar Kanta Naik v. Nandkishor Gurudas Pednekar And ANR

2025:BHC-GOA:725 WP 117 of 2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.117 OF 2025 KANTA DATTARAM NAIK ARONDEKAR THR.

ITS POA AMAR KANTA NAIK ... PETITIONER

Versus

NANDKISHOR GURUDAS PEDNEKAR AND ANR ... RESPONDENTS Mr. Abhishek Sawant, Advocate for the Petitioner. CORAM:- VALMIKI MENEZES, J.

DATED :- 15th April, 2025 P.C.:

1. This is a petition that takes exception to an order dated 17.01.2025 seeking recall of a witness on the sole ground that there was a change of Advocate, and that witness, in the opinion of the next Advocate appearing for the Respondents, was not adequately cross-examined. It is trite law that this could not be a reason for recall of a witness. The Trial Court has correctly considered the law on the subject and dismissed the application for want of better reasons in the application. No infirmity can be found in the impugned order that calls for interference in the supervisory jurisdiction of this Court. The writ petition is dismissed in limine.

2. Needless to state, that in the event of an application being made 15th April, 2025

WP 117 of 2025 stating more plausible reasons, for recall of the witness, subject to the law permitting it, the Trial Court may consider the same on its own merits. With the above observations, writ petition stands dismissed. VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 16/04/2025 11:24:31 15th April, 2025