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2016 Supreme(Bom) 172

S.B.SHUKRE
BGC International Pvt. Ltd. – Appellant
Versus
Shree Mallikarjun Shipping Office – Respondent


Advocates:
Advocate Appeared:
Mr. Anthony Joe D'Silva, for the Petitioners
Mr. M. Pereira, for Respondent no.2

JUDGMENT :

Heard the learned counsel for the petitioners and the learned counsel for the respondents.

2. Rule. Rule made returnable forthwith. Heard finally by consent.

3. This petition challenges the order dated 7/7/2015 passed by the learned Senior Civil Judge "A' Court, Ponda in Special Civil Suit no.22/2007/A thereby rejecting the application of the petitioners, who are the defendants in the original suit for grant of permission to produce the additional documents on record.

4. The suit that has been filed by the respondents against the petitioners, claims refund of advance of Rs.30.00 lakhs together with interest and other sums of money from the petitioners. The petitioners have resisted the suit by filing a written statement. The petitioner no.1 is a company and on its behalf one Shri K. Mohan, son of Kala Bhairava entered the witness box as the first witness of the petitioners. During the cross examination of this witness, it transpired that he had not produced on record any letter of authority or copy of the resolution authorizing him to appear and depose on behalf of petitioner no.1. When the cross examination was going on, the petitioners filed an application for grant of per













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