Saiee Arvind Kale v. Surendra Madhav Joshi And ORS

32-wp-1932-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1932 OF 2025 Saiee Arvind Kale

...Petitioner

vs.

Surendra Madhav Joshi and Ors.

...Respondents

VISHAL SUBHASH PAREKAR Dr. Uday Warunjikar, a/w. Mr. Hrishikesh Nabar i/b. Mr. Sumit Kate, for the Petitioner.

by VISHAL SUBHASH PAREKAR Date: 2025.02.14 21:43:57 +0530 CORAM :

N. J. JAMADAR, J.

DATE :

FEBRUARY 13, 2025 P.C:

1.

Heard the learned counsel for the petitioner. 2.

The challenge in this petition is to an order dated 27th November, 2024 passed in SCS No. 68 of 2018 by the learned Civil Judge, Alibag whereby an application preferred by the petitioner/plaintiff to record his evidence on Court Commission came to be rejected.

3.

The learned Civil Judge was of the view that evidence qua the plaintiff could be recorded through video conferencing. However, without providing that opportunity the application came to be rejected.

4.

In the backdrop of the observations of the learned Judge in paragraph No. 5 of the impugned order, it would be appropriate to grant liberty to the petitioner to make an application to record his Vishal Parekar, PS ...1

32-wp-1932-2025.doc evidence through video conferencing.

5.

The petition thus stands disposed with liberty to the petitioner to file an application before the trial Court to record his evidence through video conferencing.

6.

If such an application is filed, the learned Civil Judge shall pass appropriate order keeping in view the observations in paragraph No. 5 of the impugned order.

Petition disposed.

(N. J. JAMADAR, J.) Vishal Parekar, PS ...2