High Court Orders Provision of Proceedings in Writ Petition — Court directs document provision for ongoing litigation.

High Court: Bombay High Court
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Case Note & Summary

The case involved a writ petition filed by C. M. Mehta against the Union of India and others. On 8th December 2004, the court, comprising Justices S. Radhakrishnan and S. A. Bobde, perused a praecipe and decided to order the Prothonotary and Senior Master to provide a xerox copy of the proceedings, including affidavits, upon the prior payment of necessary charges. The court emphasized that all parties, including the Prothonotary and Senior Master, should act on an ordinary copy of the order that was duly authenticated as a true copy. This procedural order was made to facilitate the parties' access to the necessary documents for the ongoing litigation.

Headnote

A) Judicial Procedure - Provision of Documents - Order for Provision of Proceedings - Not applicable - The court directed the Prothonotary and Senior Master to furnish a xerox copy of the proceedings in the writ petition upon payment of necessary charges. The order was authenticated for all parties concerned to act upon it (Paras 1-3).

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Issue of Consideration

Whether the court should order the provision of proceedings in the writ petition.

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Final Decision

The court ordered the Prothonotary and Senior Master to furnish a xerox copy of the proceedings in the writ petition upon payment of necessary charges.

Law Points

  • Judicial procedure
  • Writ jurisdiction
  • Document provision
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Case Details

Writ Petition No. 2867 of 1986

2004-12-08

S. Radhakrishnan, S. A. Bobde

H.V. Mehta, T.C. Kaushik

C. M. Mehta

Union of India and Others

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Nature of Litigation

Writ petition filed against the Union of India and others.

Remedy Sought

Provision of proceedings and affidavits in the writ petition.

Issues

Provision of proceedings in writ petition

Submissions/Arguments

None for the Petitioner Representation for Respondents by Mr. H.V. Mehta and Mr. T.C. Kaushik

Ratio Decidendi

The court emphasized the importance of providing access to proceedings for the parties involved in the litigation.

Judgment Excerpts

The Prothonotary and Senior Master to furnish xerox copy of the proceedings in above writ petition including affidavits on prior payment of necessary xerox charges. All parties concerned including the Prothonotary and Senior Master to act on an ordinary copy of this order duly authenticated as true copy.

Procedural History

The writ petition was filed, and on 8th December 2004, the court issued an order regarding the provision of proceedings.

Acts & Sections

  • Not applicable:
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