JSW STEEL LIMITED Vs. JANARDAN VITHU MHATRE

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the Petitioner, the original plaintiff has challenged the order dtd. 15/11/2019 rejecting the Application for issuance of summons to the witnesses as sought by the Petitioner.

(2.) The Petitioner is original plaintiff, who has filed a suit for specific performance. Pending the suit the Petitioner filed Application Below Exhibits Nos.87, 88 to issue witness summons to the witnesses of the Agreement to Sale, which is the subject matter of the suit. The learned Trial Court rejected the Application for issuance of witness summons relying on the judgment of this court in Mrs. Anju Toshniwal and Ors. vs. Expat Properties India Ltd. in Writ Petition No.3685/2019 and also for the reason that the Petitioner has failed to show sufficient cause to issue summons to the witnesses.

(3.) The petitioner has challenged said order by way of present petition. This Court by order dtd. 26/2/2021 issued notice for final disposal making it returnable on 5/4/2021 with cost of Rs.5,000.00. The learned Advocate for the Petitioner stated that the Petitioner has deposited Rs.5000.00 in compliance with the said order.