Wrangle Investment Limted v. Mahendra Builders And ORS

2025:BHC-AS:27493 21 8874 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8874 OF 2025 Wrangle Investment Ltd.

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Petitioner versus Mahendra Builders and Anr.

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Respondents Mr. G.S.Godbole, Sr. Advocate with Ms. Eventa A. Sonsalves, Mr. Reyden L. Gonsalves, for Petitioner.

Mr. Rohaan Cama with Mr. Pheroze Mehta, Ms. Shweta Jaydev, Mr. Aman Sadiwala i/vt Rashmikant and Partners, for Respondent No.1. CORAM: N.J.JAMADAR, J.

DATE :

7 JULY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 10 June 2025 to the extent the learned Judge, Court of Small Causes, declined to admit and mark the document at Sr. No.2 i.e. Original Agreement dated 5 October 1983, and Sr. No.3 i.e. Original receipt dated 5 October 1983. Those documents were tentatively marked for identification at Articles Y-3 and Y-4 respectively. 3.

Mr. Cama, the learned Counsel for Respondent No.1 - Original Plaintiff, on instructions, submits that the Respondent No.1 has no objection to admit and mark those documents in evidence, without prejudice to the rights and contentions of Respondent No.1 and subject to cross-examination. 4.

In view of the aforesaid statement, the impugned order to the extent of declining to admit and mark in evidence the documents at Sr. Nos. 2 and 3 SSP 1/2

21 8874 of 2025.doc stands modified, and the learned Judge, Court of Small Causes is requested to admit and mark those documents in evidence without prejudice to the rights and contentions of Respondent No.1 and subject to cross-examination. 5.

The Writ Petition stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 08/07/2025 15:04:21