1 wp272.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 272 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. M.A. Tandale, Advocate for the petitioner. Mr. V.D. Salunke, Advocate for respondent. 1. Heard Advocates Mr. Tandale for petitioner and Mr. Salunke for respondents. Advocate Mr. Tandale for petitioner contends that rejection of application to forward the disputed document (cheque) to handwritting expert is because of misconceived notion. According to him, rejection of similar application in Criminal complaint under Section 138 of the Negotiable Instruments Act is not relevant at all. He further points out that against that rejection, the revision is filed before this Court and in that revision, the interim stay has been given to petitioner. 2. Advocate Mr. Salunke contends that on very same ground, same prayer was made in Civil Suit. The prayer is made after more than 10 months and with a view to delay in adjudication of Civil Suit. Hence, this Court 2 wp272.11 should not interfere in the matter. 3. Perusal of impugned order reveals that only because of the orders in criminal complaint, the application has been rejected. That order and application are not relevant in Civil dispute, the Court should have considered the application on its own merits. Recording of evidence in Civil Suit is yet to begin. 4. Hence, the interest of justice can be met with by directing the trial Court to decide application at Exhibit-17/D as early as possible and in any case within a period of two months after the parties appear before it. 5. Impugned order dated 16.10.2010 passed upon that Application Exhibit-17/D by 2nd Joint Civil Judge, Senior Division, Beed is quashed and set aside. Application Exhibit-17/D is restored back to the file of 2nd Joint Civil Judge, Senior Division, Beed. Trial Court shall hear the parties and decide it afresh within time as stipulated above. Rule made absolute accordingly. No costs. (B.P. DHARMADHIKARI) JUDGE. 24.03.2011 gas/wp272.11