Final Order 1

Order Details: Other
Pdf Text: 04/04/2019 CORAM : HIS HONOUR THE PRINCIPAL JUDGE
SHRI. V.G.BISHT
Misc. A. 68/18 Matter already disposed of vide order dated 14/01/2019.
Principal Judge,
Gr. Mumbai.
14/01/2019 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Misc. A. 68/18 Adv. Swapnil Waradkar for the appellant present.
Adv. M.B. Jadhav for respondent present.
Exh.4 Appellant files pursis for remanding back the matter.
Ld. Counsel for respondent recorded his reply on it.
Heard both sides.
It is brought to the notice of this Court that though an
affidavit of evidence of Mr. Girish Sonawane on behalf of
respondent No.1 was filed before the respondent No.2, however,
his cross examination was partly recorded and thereafter one Mr.
Thorat whose affidavit of evidence was not filed, started
appearing on his behalf and an application of appellant for
recalling Mr. Sonawane was not considered by respondent No.2
and Mr. Thorat was directed to conduct cross examination of one
Mr. Shirke, representative of appellant without being a witness
and without his affidavit of evidence on record.
Ld. Counsel for respondent No.1 Mr. Jadhav submitted to
the order of the Court.
It appears that respondent No.2 has not followed proper
procedure for recording of evidence. In view of this, it is
necessary to set aside the impugned order dated 01/02/2018 and
to remand back the matter before respondent No.2 for recording
of evidence on behalf of both the parties, by giving opportunity to
cross examine the witnesses. Hence I pass the following order.
O R D E R
1. The order dated 01/02/2018 is hereby set aside.
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2. Misc. Appeal No.68/18 is remanded back before
respondent No.2.
3. Respondent No.2 to record the evidence as adduced by the
parties and decide the matter afresh on the basis of evidence on
record.
4. Parties to appear before respondent No.2 on 20/02/2019.
5. R and P be sent back forthwith.
Adjd. to 26/03/2019 for directions.
Principal Judge,
Gr. Mumbai.
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