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Bombay High Court

M/S VINAYAK ENTERPRISES THROU. ABHIJEET A GOSWAMIversusM/S ROMA BUILDERS PVT. LTD. THR. ITS DIRECTORS NIRAJJAN L. HIRANANDANI

Decided
Disposal
Disposed Off

Holding

The observation regarding the adjournment application does not warrant interference, but it does not preclude the petitioner from referring to other documents during cross‑examination.

Summary

The petition challenged a Civil Judge’s observation that referring to the contents of an adjournment application during the examination of PW1 would be a waste of time and contrary to the Indian Evidence Act. The petitioner feared that this ruling would also bar reference to 182 documents relied upon in the suit. The High Court examined whether the judge’s observation warranted interference under its writ jurisdiction. It held that the observation concerning the adjournment application does not merit interference, but it does not prevent the petitioner from referring to other documents in cross‑examination. If relevance of such references is questioned, the trial judge may decide it according to law. Consequently, the writ petition was disposed without altering the trial judge’s discretion.

Issues considered

  • Whether a trial judge’s observation that reference to the contents of an adjournment application is a waste of time and impermissible under the Indian Evidence Act is amenable to writ jurisdiction interference.

Legislation cited

Subjects

  • admissibility of evidence
  • adjournment application
  • cross‑examination
  • Indian Evidence Act
  • writ jurisdiction

Judgment

2026:BHC-AS:38884

                                                                          27 wp 10786 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.10786 OF 2026

            M/s. Vinayak Enterprises                             ...   Petitioner
                  versus
            M/s. Roma Builders Pvt. Ltd.                         …     Respondent

            Mr. Karan Bhosale with Mr. O.A.Siddiqui, Ms. Vidya Polmore, Ms. Khushnoma
            Malik, for Petitioner.
            Ms. Jasmeet Kaur Virdi i/by SHS Chambers for Respondent.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      21 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      A limited challenge in this Petition is to the observations made by the

            learned Civil Judge while recording the evidence of PW1, especially

            paragraph No.29, whereby while disallowing the questions in relation to the

            statements made in the adjournment application, the learned Civil Judge has

            observed that, referring those applications to the witness would be a sheer

            waste of time and that was not permissible under the provisions of the Indian

            Evidence Act.

            3.      The apprehension of Mr. Siddiqui is that the Petitioner would be

            disallowed from referring to 182 documents which the Plaintiff has relied

            upon.

            4.      Having regard to the nature of the observations, by which the Petitioner


            SSP                                                                     1/2
                                                                                27 wp 10786 of 2026.doc

                      is aggrieved, it would be suffice to clarify that so far as the ruling by the

                      learned Civil Judge that reference to the contents of the adjournment

                      application is not concerned, the same does not warrant interference in

                      exercise of the writ jurisdiction.

                      5.       However, those observations will not preclude the Petitioner from

                      referring to the other documents during the course of the cross-examination of

                      PW1, and, in the event, those documents are referred to and the aspect of

                      relevancy of the questions put in relation to those documents arises, the

                      learned Civil Judge may decide the same in accordance with law.

                      6.       The Writ Petition stands disposed.




                                                                       ( N.J.JAMADAR, J. )




                      SSP                                                               2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 23/09/2026 14:55:57


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