Arun Sitaram Chambhare v. Chandrashekhar Balasaheb Shete And ORS
Sonali Mane 16-WP-17260-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17260 OF 2024 Arun Sitaram Chambhare ... Petitioner
Versus
Chandrashekhar Balasaheb Shete And Ors ... Respondents Mr. Sumit Kothari for Petitioner.
CORAM
: SANDEEP V. MARNE, J.
DATE : 6 JANUARY 2025.
P.C. :
1) Heard Mr. Kothari, the learned counsel appearing for the Petitioner.
2) After having considered the submissions canvassed by Mr. Kothari and after going through the impugned orders passed by the Co-operative Court as well as the Co-operative Appellate Court. It appears that after the Opponent No. 2 produced documents in pursuance of order passed by the Co-operative Court, the Petitioner merely made a remark that "those are not originals". Beyond making this remark, no specific objection was raised about admissibility of any particular document. The Co-operative Court accordingly MANE SONALI DILIP proceeded to mark the documents produced by Opponent No.2 as MANE SONALI DILIP Date: 2025.01.08 18:52:32 +0530 Exhibits by order dated 12 March 2024. Petitioner did not challenge order dated 12 March 2024 and allowed the same to attain finality. ___Page No.
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Sonali Mane 16-WP-17260-2024.docx He however grew wiser subsequently and filed application on 4 April 2024 at Exhibit 86 for de-exhibition of several of the documents, which were already marked as Exhibits on 12 March 2024. In his application at Exhibit 86, Petitioner attempted to raise specific grounds qua each of the documents for their de-exhibition. However apparently, such specific objections were not raised when the process of marking the documents as Exhibits took place on 12 March 2024. When the Petitioner did not raise specific objections for exhibition of the documents on 12 March 2024, he could not have filed application for de-exhibition of those documents by adding his objections in the applications at Exhibit 86. 3) No infirmity therefore can be traced in the orders passed by the Co-operative Court and by the Co-operative Appellate Court. 4) Writ Petition is accordingly rejected.
[SANDEEP V. MARNE, J.] ___Page No.
2 of 2 ___ 6 January 2025