IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5731 2022

Mohammed Arif Shafeeq Ahmed Patel And … Petitioners

Ors.

Vs.

The Kokan Mercantile Co-Operative Bank Ltd. … Respondents

Digitally And Anr.

signed by

MANGALTAI

MANGALTAI JAYWANT JAYWANT JADHAV

JADHAV Date:

2025.12.11 14:29:33 +0530

Mr. Prakash Pandit i/b Ratnesh M. Dube for the Petitioners.

Mr. Nirman Sharma a/w Deeshank Doshi a/w Rohit Pawaskar i/b

Sandeep Waghmare for Respondent No.1.

Mr. P. J. Gavhane, AGP for the State.

CORAM : GAURI GODSE, J.

DATED : 10th DECEMBER 2025

ORDER:

1. Learned counsel for respondent no.1 has tendered an

affidavit dated 26^th August 2024 which is taken on record.

1. The grievance in the petition is made regarding alleged fabricated entries in the roznama. The petitioners have annexed two separate certified copies of the roznama. According to the learned counsel for the petitioners, roznama annexed on page 51 was received by the petitioners on 2^nd March 2020. The second copy of the roznama which is annexed at page 79 is seemed to have been

received by the petitioners on 1^st October 2020. The returnable date of the writ of summons in both the roznamas is different. Both are the certified copies of the roznama of the same suit. Copy of an order is annexed on page 49 issuing writ of summons on 30^th November 2019. Though the date is not very clear, learned counsel for the petitioners submits that the summons was issued on 30^th November 2019. Both the roznamas do not record the date of issuance of writ of summons.

2. Pursuant to the earlier order dated 27^th March 2024, a confidential report is placed on record which was in a sealed envelope. I have opened the sealed envelope in the Court and perused the report. From the report it appears that the concerned Court clerk was issued a show cause notice and she had given an explanation that both the roznamas were written by her. The copy of the explanation by the concerned clerk is not on record.

3. Learned Registrar (Judicial-I) shall call for a copy of the explanation submitted by the concerned Court clerk which is referred to in the report dated 4^th April 2024 prepared by the concerned principal District Judge. The confidential report is again kept in the sealed envelope.

4. From the perusal of the copies of the roznama annexed to the petition prima facie, it appears that the roznama of the proceedings are not maintained as prescribed under paragraph 28 read with form 7 of the Civil Manual. Both the roznamas are seemed to have been endorsed by the concerned Civil Judge. The learned Registrar (Judicial-I) shall therefore also call for a report from the concerned Civil Judge who has endorsed both the roznamas. Without verifying the factual position with regard to the roznama in the matter and the endorsements in the roznama by the concerned Civil Judge, it would not be appropriate to take any decision. The confidential report does not reflect as to whether any report or remarks were called for from the concerned Civil Judge.

5. Learned Registrar (Judicial-I) shall therefore call for a report of the concerned Civil Judge with regard to the two roznamas annexed to the petition at Exhibit C and Exhibit G.

6. Respondent no.1 who claims to have filed the appearance before the trial Court on 18^th January 2020 shall file a detailed affidavit stating as to whether the hearing of the suit was scheduled on 18^th January 2020 or in what manner the appearance was tendered on 18^th January 2020. If necessary respondent no.1 is at liberty to file affidavit of the concerned advocate who has filed the appearance.

7. Necessary affidavit to be filed on or before 6^th January 2026.

8. Learned Registrar (Judicial-I) shall also call for a necessary report in terms of this order on or before 6^th January 2026.

9. List the petition on 13^th January 2026.

10. To be listed under the caption ‘for directions’.

(GAURI GODSE, J.)