1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3588 OF 2009 ANIL KALYANDAS THANVI, AGED 39 YRS, OCCU. BUSINESS, R/O. GORAKSHAN ROAD, NEAR DESHONNATI PRESS, AKOLA, OFFICE AT OLD COTTON MARKET, AKOLA, TQ. & DISTT. AKOLA. .. PETITIONER. VERSUS // YOGESH DURYADHAN KHANDELWAL, AGED ABOUT 35 YRS, OCCU. BUSINESS, PROPRIETOR OF RAJESH INVESTMENT, R/O. ALSI PLOTS, AKOLA, TQ. & DIST. AKOLA. .. RESPONDENT . _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.K.Choube, Advocate for Petitioners. CORAM : R.C.CHAVAN, J. DATED : AUGUST 26, 2009. 1. Heard. 2. The petitioner/ defendant in Special Civil Suit No.66 of 2003 is aggrieved because his application for dismissal of the suit under Order XXXIX Rule 11 for non- compliance of an order passed by this Court on 7th April, 2008 was rejected by the trial Court. On 7th April, 2008 in Writ Petition No.4016 of 2007 the counsel for the 2 respondent i.e. plaintiff in the suit had made a statement that he would produce balance sheet of Rajesh Investments and Yogesh Murlidhar Khandelwal pertaining to the year 2001-02 during the course of evidence. It is the petitioner’s contention that what was produced was not balance sheet and did not pertain to the concerned year. Therefore, he filed an application for dismissal of the suit, which was rejected by the trial Judge. 3. If the respondent/ plaintiff had made certain statement before this Court and did not comply with it, obviously the Court, dealing with the matter, would draw adverse inference. There was no warrant for seeking dismissal of the suit on this ground. The petition is misconceived and it is, therefore, dismissed. JUDGE RR.