Mpt WP No.10134/10 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.10134 of 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Mayur Khandeparkar with Mr.Nitin Parekh i/b MLS Vani & Associates for the petitioner. Mr.P.R. Naidu i/b Mrs.P.P. Naidu for respondent. CORAM : D.G. KARNIK, J DATE : 18th January 2011 P.C. : 1. Heard learned counsel for the petitioner. 2. Writ Petition is directed against purely procedural and interlocutory order and calls for no interference in exercise of a writ jurisdiction under Article 227 of the Constitution of India. 3. Learned counsel for the petitioner submitted that since the respondent had not made an application for inspection of the documents, the appellate bench of the Small Causes Court could not have passed an order for inspection. The appellate bench has rightly observed that the suit of the petitioner plaintiff could not have been dismissed for non giving of an inspection of the documents because no order was passed under Order 11 Rule 18 of the Code of Civil Procedure of the Code of Civil Procedure. However in order to cut short the procedural requirement of respondent being required to file an application for inspection in the trial court and then passing an order of inspection has directly directed the petitioner to give inspection of the documents. In my view, the order does not call for interference as no injustice has been caused to the petitioner. Jurisdiction under Article 227 of the Constitution of India cannot be invoked at the drop of a hat and merely to modify any procedural order which does not cause any injustice. Writ Petition is rejected summarily. 4. At the request of learned counsel for the petitioner, time for granting of an inspection is extended by two weeks. (D.G. KARNIK, J.)