dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6881 OF 2008 PETITION NO.6881 OF 2008 PETITION NO.6881 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Shashank C. Thatte for the Petitioners. Mr.K.Y.Mandlik for the respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 18th October, 2008. : 18th October, 2008. : 18th October, 2008. P.C. P.C. P.C. The petitioner has challenged the rejection of application under Order 41, Rule 27 of C.PC. Though there is clear statement made in the cross-examination that though the documents are available, but they are not produced even though asked for production. Still considering the fact that these documents are nothing but rent receipts of the premises in question which in such dispute between the landlord and the tenant always play important role and it is always necessary for proper adjudication of the matter to consider ( 2 ) the interest of both the parties. The delay in filing such application, in the facts and circumstances of the case,need to be compensated by the payment of costs of Rs.5,000/- to be paid within one week from today. The landlord/respodnent even otherwise will get full opportunity to raise whatever defences available. He is also permitted to file documents, if any, to counter support his defences. Taking all this into account, the impugned order is quashed and set aside. The application filed by the petitioner is allowed. The petition is disposed of accordingly in the above terms. The Appellate court to consider to expedite the matter. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]