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2022 Supreme(Bom) 1944

ABHAY AHUJA
Anil Vishnu Anturkar – Appellant
Versus
Chandrakumar Popatlal Baldota – Respondent


Advocates Appeared:
Mr. A. A. Kumbhakoni, Senior Advocate with Mr. Sandeep Phatak and Mr. Sugandh Deshmukh, for the Appellant; Mr. S. N. Chandrachood, for the Respondent.

JUDGMENT

1. By this petition filed under Article 227 of the Constitution of India, the Petitioner who is a designated Senior Advocate of this Court is impugning the issuance of witness summons dated 23rd March, 2015 directing Petitioner to remain present on 27th March, 2015 at 11.00 a.m. before the Civil Judge, Senior Division, Pune for giving evidence in Special Civil Suit No. 1209 of 2004, which date was at the time of filing of this petition fixed for 4th April, 2015. Petitioner is seeking to quash and set aside the said witness summons by this petition. By an ad-interim order dated 31st March, 2015, continued from time to time, the impugned witness summons has been stayed in terms of prayer clause [B] to the petition.

2. Mr. Kumbhakoni, learned senior counsel for the Petitioner would submit that the impugned witness summons at Exhibit-D, page 22 to the petition requires Petitioner to remain present before the Civil judge, Senior Division, Pune and produce an office copy of the letter dated 11th January, 2004 written by the petitioner to his client Shri Dara Bharucha, residing at 4. Dr. Coyaji Road, Pune-411 001, a photocopy whereof has been produced by the respondent no.1 in Spec

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