*1* wp.10330.10.10354-356.10.913.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10330 OF 2010 WITH WRIT PETITION NOS.10354/2010, 10355/2010 AND 10356/2010. Rupee Co-operative Bank Ltd.. ..Petitioner -Versus- M/s Prakash Packaging Industries and others. ..Respondents .......... Mr.Y.R.Naik, for the Petitioner in all petitions. Mr.Sagar Kasar, for the Respondent Nos.1 to 4 in all petitions. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 21st June, 2011. P.C.: 1 During the pendency of the appeals before the Maharashtra State Co-operative Appellate Court, Mumbai, the Petitioner/Appellant filed the applications invoking the Appellate Court’s power under Order-41 Rule-27 of the Code of Civil Procedure. On those applications, after hearing both sides, the Appellate Court has made the following order:- “1. Application Exh.7 is partly allowed. 2. The applicant is permitted to produce additional documentary evidence document Exh. “A” only which is a certified copy of public document. 3. The appellant is at liberty to make oral or written submission after final argument in that matter for allowing to produce other documents by the Appellate Court by exercising powers under Order XXXXI Rule 27(1)(b) of C.P.C.. 4. No order as to cost.” *2* wp.10330.10.10354-356.10.913.sxw 2 Aggrieved by this order, these Writ Petitions are filed. 3 The argument of Mr.Naik, learned counsel appearing for the Petitioner, is that the application was made invoking the powers under Order-XXXXI Rule-27 in respect of production of 11 documents vide Annexure to that application which contains the list of documents, total 11 in number, however, production of only document-A is permitted. About rest of the documents, although several contentions were raised, there is no discussion leave alone any consideration in the impugned order. The order is cryptic virtually unreasoned. 4 In such circumstances, both sides agree that the orders under challenge dated 27.09.2010 below Exhibit-7 be quashed and set aside and the Appellate Court be directed to hear the applications Exhibit-7 afresh on merits and in accordance with law and after giving opportunity of hearing to both sides. The Court below will pass a fresh order uninfluenced by any of the observations rendered earlier. The Court below must take note of the Order-XXXXI Rule-27 of the Code of Civil Procedure or any analogous provision and if it is satisfied that the ingredients thereof are applicable, then, make appropriate order. However, in this case, there is absolutely no discussion as to why the Order-XXXXI Rule-27(1)(b) alone has been taken into consideration and why the Court has found it fit to hold that sub-clauses (a) and (aa) are inapplicable. 5 For these reasons, by consent the petitions are allowed. The orders under challenge are set aside. The Court below should proceed in the above terms. It is clarified that this Court has not expressed any opinion on the rival contentions and each one of them are kept open. (S.C. Dharmadhikari, J)