Bombay High Court
Mohammed Yasin Ismail Mansuri vs Abdul Rashid Mohd. Shafi And Anr on 16 April, 2019
Author: M. S. Sonak
Bench: M. S. Sonak
Dinesh Sherla 35-cwp-4690-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4690 OF 2019
Mohammed Yasin Ismail Mansuri .. Petitioner
vs.
Adbul Rashid Mohd. Shafi and anr. .. Respondents
Mr.Aditya Khanna for the Petitioner.
CORAM : M. S. SONAK, J.
DATE : 16 APRIL 2019.
P.C. :-
1] This petition challenges the order at page 122 Exhibit- 21, which reads thus:
"Ex.21 Undertaking filed by JD and his father that JD will deposit the amount of Rs.5 Lakh on 02.02.19 and further amount within 2 months. The apology is also sought by the father of JD that he appeared before the Court as JD on various occasion. It is noting but personation.
Already Adj. On 27.03.2019.
Adjd for production of the order of attachment/hearing on Ch/s. and depositing the amount on 02.02.2019."
2] Learned counsel for the petitioner seeks to make allegations against the Judge by submitting that what is reflected in the aforesaid order never transpired and there were some pressure tactics adopted against the petitioner. 1/3 ::: Uploaded on - 18/04/2019 ::: Downloaded on - 18/04/2019 22:56:13 :::
Dinesh Sherla 35-cwp-4690-19
3] Such allegations, cannot be lightly countenanced . It is
settled position that if any party feels that what is reflected in the Roznama or what is reflected in the judicial order is not correct, then, it is the duty of such party, to, in the first place, apply to the concerned Judicial Officer for correction of record. The argument cannot be made for the first time before the higher court that what is reflected in Roznama or in judicial order is not correct or does not represent correct facts.
4] Prima facie, it appears that the petitioner impersonated himself as the judgment-debtor and sought for indulgence from the Trial Court on some occasion. Prima facie, it appears that the petitioner did tender his apology. This petition appears to be filed to avoid furnish of undertaking. 5] Accordingly, there is no case made out for grant of any ad-interim relief in this matter. However, if, the petitioner desires any relief, it is open to the petitioner to deposit an amount of Rs.5 Lakhs before the Trial Court on or before 4 th June 2019, without prejudice to his rights and contentions. 2/3 ::: Uploaded on - 18/04/2019 ::: Downloaded on - 18/04/2019 22:56:13 :::
Dinesh Sherla 35-cwp-4690-19 It is also open to the petitioner to take out appropriate proceedings before the Trial Court in order to seek alleged corrections of record.
6] Place this matter for further consideration on 6 th June 2019 on supplementary board.
(M. S. SONAK, J.) 3/3 ::: Uploaded on - 18/04/2019 ::: Downloaded on - 18/04/2019 22:56:13 :::