Managing Partner, vs Shri. Jeevanand Ramachandra Patil, on 9 January, 2013

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Karnataka High Court

Managing Partner, vs Shri. Jeevanand Ramachandra Patil, on 9 January, 2013

Bench: Subhash B Adi

                         :1:




          IN THE HIGH COURT OF KARNATAKA
             CIRCUIT BENCH AT DHARWAD
      DATED THIS THE 09TH DAY OF JANUARY, 2013
                       BEFORE
       THE HON'BLE MR.JUSTICE SUBHASH B ADI
        WRIT PETITION No.67049/2010 (GM-CPC)
BETWEEN

1.   MANAGING PARTNER,
      M/S SHRI DEVAL MAHARSHI FINANCE
     CORPORATION (REGD.), SITUATED AT
     MADHAVPUR, VADAGAON, REP. BY
     SHRI. NARAYAN RAMAPPA TOPAGI,
     AGE: 74 YEARS, OCC: BUSINESS,
     R/O H. NO. 317, CHAVADI GALLI, MADHAVPUR,
     VADAGAON 590 005, DIST: BELGAUM.
                                         ... PETITIONER
(By Sri. M G NAGANURI, ADV)

AND
1.  SHRI. JEEVANAND RAMACHANDRA PATIL,
    AGE: 45 YEARS, OCC: BUSINESS,
    R/O ANAND MARG, CHAVADI GALLI,
    MADHAVPUR, VADAGAON 590 005, BELGAUM.

2.  SHRI. MOHAN PARASHURAM SALUNKE,
    AGE: 65 YEARS, OCC: BUSINESS,
    R/O CHAVADI GALLI,
    MADHAVPUR, VADAGAON 590 005, BELGAUM.
                                   ... RESPONDENTS
(By Sri. RAMESH N MISALE FOR R1 )

      THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS, QUASH THE ORDER DATED:13/08/2010 ON
I.A.NO.6, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE,
BELGAUM, IN O.S.165/2004, PRODUCED AT ANNEXURE-E.
                                   :2:




     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                              ORDER

The defendant had filed an application in O.S. 165/2004 seeking direction to the plaintiff to produce the passbook in respect of the account No.455 and 451 as they are relevant to show that defendant had made certain payment. The trial court allowed the said I.A. and directed the plaintiff to produce the passbook of account No.455 and 451of Deval Maharshi Finance Corporation.

2. Learned counsel for the petitioner submits that instead of passbook, he would produce statement of account (loan account) extract.

3. If that is so, instead of passbook, plaintiff is directed to produce the authenticated extract of the statement of account of A/c No.455 and 451 of the Finance Corporation. Accordingly, order dated 13.08.2010 impugned in this writ petition stands modified.

Sd/-

JUDGE mkc

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Karnataka High Court