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Bombay High CourtIA/13485/2024disposed off

Anil Rahi v. D B Corporation Ltd

2024-10-07Hon'Ble Shri Justice Sandeep V. Marne2 pages

k 1/2 24 ia 13485.24 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13485 OF 2024 WITH WRIT PETITION NO.12817 OF 2024 Anil Rahi ....Applicant V/S M/s. D B Corporation Ltd.

....Respondents ________ Mr. Vishal Krishna i/b M/s. Law Care for the Applicant. Mr. Vishwabhushan Kamble i/b M/s. Jayakar and Partners for Respondent.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 07 OCTOBER 2024.

P.C.:

1.

This Interim Application is filed seeking modification in the order dated 19 September 2024 by which the photocopies of documents covered by Application at Exhibit-C-21 were directed to be de-exhibited for the purpose of letting the concerned witness lead evidence for proving the said documents. This Application is filed with a complaint that in addition to the documents covered by application at Exhibit C-21, there are additional photocopies of documents which are also been erroneously marked and which also need to be de-exhibited. However during the course of hearing of the present Application katkam Page No.

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k 2/2 24 ia 13485.24 in wp as.doc the learned counsel appearing for the Respondent would submit that the concerned witness who was leading evidence for proving various documents is no longer available for completion of evidence and therefore the Respondent is in the process of taking appropriate steps before the Trial Court for leading evidence of a separate witness. In view of this development, all the documents which have been exhibited will have to be de-exhibited. If an application is moved by the Respondent before the Labour Court for examining a new witness, that application will be decided by the Labour Court on its own merits without being influenced by any of the observations made by this Court. Therefore nothing would survive in the Interim Application and the same is disposed of.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2024.10.08 15:07:28 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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