VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 1501 OF 2007 Inamdar Plastic Appellant Vs. M.S.E.B. Respondent Mr. Anilkumar Patil, for the Appellant. Mr. A. R. S. Baxi, for the Respondent. CORAM : ANOOP V. MOHTA, J. DATE : JUNE 12, 2008. PC :- . This is a first appeal filed by the plaintiff against the judgment and decree dated 22nd February, 2007, wherby his suit is dismissed. The only reasons given in paragraph 17 are as under- "17. Thus, considering the above submission of plaintiff and defendant, facts and circumstances of the case and in view of above discussion I am of the opinion that the plaintiff has failed to prove his claim by adducing cogent and sufficient evidence on record. Therefore, I have no hesitation to record my findings on issue No. 1 to 5 accordingly." - 2 - 2. There are as many as six issues, framed in the suit. While giving reasoning in the judgment, as rightly pointed out by the learned counsel for the appellant, paragraph 10 to 16 that are only submissions of the parties which have been recorded, without assigning any specific reasons to the respective issue in the light of the documents and the evidence led by the parties. 3. In view of this, I am convinced that it is a case where it is necessary that the trial court should record reasonings to the respective issues as the suit itself was dismissed. Above single para reasoning in the present case are insufficient and incorrect. It is difficult for the appellate court for want of cogent & convincing reasons to agree or disagree with that part. 4. The learned counsel appearing for the applellant fairly conceded that he will not lead any additional evidence. The matter is remanded back for hearing and deciding afresh by recording reasons, on the basis of available material on the record. 5. Taking this into account on the basis of material available on record, the learned trial judge - 3 - should decide and answer by sufficient reasons all the issues after hearing both the parties and dispose of the suit. Accordingly, the parties are directed to appear before the Civil Judge, S.D. Malegaon on 7th July, 2008. The suit to be disposed of preferably within three months thereafter. 6. The impugned judgment and order passed by the learned Civil Judge, S.D. Malegaon is hereby quashed and set aside. 7. The first appeal is accordingly allowed and remanded. No orders as to costs. Sd/- [ ANOOP V. MOHTA, J.]