1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1339 Of 2009 M/s.Sunraj Industries, 5, Shivjyoti Complex, Near Santaji College, Sneha Nagar, Wardha Road, Nagpur, Through its Partner, Ruturaj Dhananjay Abhyankar PETITIONER VERSUS Caltex Filter (India) Pvt.Ltd., K-73, M.I.D.C. Walunj Aurangabad, Office Address : 9, Sarang Society, Garkheda Area, Aurangabad Through its M.D. Sushil S/o.Sukhlal Pipada RESPONDENT Mr.R.R.Karpe, learned counsel for petitioner. Mr.Milind M.Joshi, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 06/08/2009 ORAL JUDGMENT : 1. Rule. 2. Rule made returnable forthwith. By consent of the parties, the petition is taken up for final hearing at the stage of admission itself. 2 3. By the present writ petition under Article 227 r/w.226 of The Constitution of India, the petitioner/original defendant has challenged the order passed below Exh.62 dated 03/02/2009 in Spl.C.S.No. 319/2006 by Civil Judge, S.D.Aurangabad. 4. With the assistance of learned counsels, perused the record and proceeding placed alongwith the writ petition of Spl.C.S.No. 319/2006. Application on which the impugned order was passed is at page no.33 of the compilation which is an application filed on behalf of the original plaintiff on which the order allowing the application was passed by the Learned Lower Court. Without giving any opportunity to the otherside whether they have any objection to the production of documents which the respondent plaintiff intend to produce or they have no objection to produce those documents and secondly on which grounds and reasons, learned Trial Court intends to allow the application. As the order impugned is non speaking and non reasoned order, then in the eye of Law, the order impugned is no order at all. 5. When the order impugned is non reasoned order, I feel that it is necessary to remand the matter back to the Trial Court to hear the parties afresh and then to pass the reasoned order in accordance with Law. In the substance, the order passed below Exh.62 is hereby quashed and set aside. The matter is remitted back to The Civil Judge, S.D. Aurangabad concerned to hear afresh and to pass the order in accordance with Law. 3 6. Rule thus made absolute as indicated above. Writ petition stands disposed of with no order as to costs. The parties are hereby directed to appear before the Lower Court on 05/09/2009. Writ petition stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUGUST 2009/wp1339-09