Kasturben Dhanji Shah (Since Deceased, Through Her Legal Heirs ) v. M/S. Shah Transport And Co. And ORS

2025:BHC-AS:24497 31 wp 12162 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12162 OF 2024 Kasturben Dhanji Shah (deceased) through LRs Vijay Dhanji Shah & Ors.

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Petitioners versus M/s. Shah Transport and Co. and Ors.

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Respondents Mr. Manish N. Jain with Ms. Ritu G. Gehlot i/by S.M.Jain Associates, for Petitioners.

CORAM: N.J.JAMADAR, J.

DATE :

20 JUNE 2025 P.C.

1.

Heard the learned Counsel for the Petitioners. 2.

Learned Counsel for the Petitioners submits that after the impugned order came to be passed, learned Judge, Court of Small Causes, by an order dated 25 September 2024, on the application preferred by the Defendant No.1 had directed the Plaintiff to produce documents under the provisions of Order XI Rule 14 of the Code of Civil Procedure, 1908. Learned Counsel further submits that, according to his instructions, despite the said order, the Plaintiff has not produced the documents.

3.

Learned Counsel for the Petitioners seeks leave to withdraw the Petition with liberty to take out appropriate application in the event the Plaintiff fails to comply with the directions in the said order dated 25 September 2024. 4.

Leave granted with liberty as prayed for.

SSP 1/2

31 wp 12162 of 2024.doc 5.

In the event, the Plaintiff fails to comply with the directions in the order dated 25 September 2024, the Petitioners shall be at liberty to take out appropriate application before the Trial Court. 6.

In the event the Petitioners file such an application, the same be decided on merits and in accordance with law without being influenced by the impugned order.

7.

The Writ Petition stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 21/06/2025 11:07:27