1 WP 6640.2010 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6640 OF 2010 Canara Bank A body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 having its Head Office at Banglore and a branch office among others at Osmanabad through authorized person Gurusingh S/o Gangadhar Belure, Age : 55 Yrs., Occ. Service as Bank Officer, Canara Bank, Osmanabad, R/o : Osmanabad, Tq. and Dist. Osmanabad. .... PETITIONER V E R S U S 1. The Manager Osmanabad District Central Co-operative Bank Ltd., Branch at Zilla Parishad, Osmanabad. 2. The Chairman Osmanabad District Central Co-operative Bank Ltd., Head Office, Osmanabad. 3. Shivaji Vasantrao Padwal Age : Major,R/o : Uple (M), Tq. & District : Osmanabad. ..... RESPONDENTS 2 WP 6640.2010 - [ J ] Mr. S.T.Ghute, Advocate for the petitioners. Mr. P.M.Kulkarni, Advocate for Resp. Nos. 1 & 2. CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 19/09/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The petitioner is the original plaintiff, who had filed Suit for recovery of the amount against the present respondents. During the pendency of the Suit, the petitioner filed an application with a prayer that the file of R.C.C. No. 29 of 1997, which is pending with the Court of the Chief Judicial Magistrate, Osmanabad be called. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 3. Heard the learned counsel for the respective parties. 4. The petitioner has contended in the application that the document i.e. Demand Draft is filed in R.C.C. No. 29 of 1997. The said document is relevant and for adducing evidence in the Suit, the said file 3 WP 6640.2010 - [ J ] of R.C.C. No. 29 of 1997 be called. The petitioner can file an application to get the certified copy of the said document if the said is exhibited in R.C.C. No. 29 of 1997. After the petitioner produce the certified copy of the said Demand Draft and the said document is disputed by the respondent, then the petitioner can move an application to call for the file of R.C.C. No. 29 of 1997. The Court to whom the said application would be made, would consider the relevant factor such as the proceedings in R.C.C. No. 29 of 1997 are not delayed, taking into account the ingredients of Order XIII Rule 10 of the Code of Civil procedure. The petitioner shall file an application to obtain the certified copy of the said Demand Draft in R.C.C. No. 29 of 1997 within the period of one ( 1 ) week from today i.e. 26/09/2011. 5. The Writ Petition is accordingly disposed of. 6. Rule is made absolute in terms of aforesaid observations and directions. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 6640.2010 - [ J ]