The Union Of India, Thr. The Ministry Of Defence And ANR v. Joao Martin Fernandes

WP 618 of 2024 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.618 OF 2024 THE UNION OF INDIA, THR. THE MINISTRY OF DEFENCE AND ANR ... PETITIONERS

Versus

JOAO MARTIN FERNANDES ... RESPONDENT Mr. Raviraj R. Chodankar, Standing counsel for Central Government. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 23rd August, 2024 P.C.

1. Heard Mr. Chodankar, learned standing counsel for the Petitioner.

2. The challenge in the present petition is to the impugned order dated 08.04.2024 passed below exhibit 53, whereby the learned Trial Court allowed the application filed by the Respondent/Plaintiff directing the Petitioner/Defendant to produce the documents.

3. Mr. Chodnakar would submit that earlier such an application was filed vide exhibit 49-D and vide order dated 28.02.2023, the same was rejected. However, Respondent/Plaintiff again applied for the production of additional documents under Order XI Rule 14 and 18 the Civil Procedure Code wherein application is allowed at the stage when the matter was fixed at the time of final arguments. 23rd August, 2024

WP 618 of 2024

4. Issue notice to the Respondent returnable on 04.09.2024.

5. Apart from regular service, service by other modes is permitted.

6. Mr. Chodankar submits that the matter before the Trial Court is now fixed on 26.08.2024 for the production of additional documents as directed in the impugned order.

7. The learned Trial Court is directed to defer the date on 26.08.2024 beyond the returnable date.

BHARAT P. DESHPANDE, J.

23rd August, 2024