1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 1555 of 2010 ( M/s Mahendra and Mahendra Financial Services, Nagpur -: versus :- M/s Mah. Motors Finance Ltd. and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.R. Joharapurkar, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 6, 2010. 1. Heard. 2. The fact shows that suit filed by the respondent No.1 is for recovery of amount deposited by him. In evidence he has produced some accounts to show the payments made and received and its appropriation. Contending that those payments were not disclosed earlier, leave to amend Written Statement was sought. The trial Court has rejected it. 3. It is apparent that evidence need not be pleaded and could not have been pleaded. The opportunity to cross- examine the respondent/plaintiff is available to petitioner. I have tried to find out whether the suit for recovery of deposit amount has been changed to a suit for recovery of any other amount, but that does not seem to be the position. In the circumstances, I am not inclined to interfere in the writ 2 petition. Therefore, Writ Petition is dismissed. 4. However the question is left open and petitioner can challenge the impugned order after final adjudication in suit if occasion therefor arises. JUDGE adgokar