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2021 SCC OnLine Bom 12265
In the High Court of Bombay
(BEFORE SANDEEP K. SHINDE, J.)
Janata Sahakari Bank Ltd. Ajara, Through Asst.
General Manager Shri. Minin Rujay Fernandes …
Petitioner;
Versus
Vishnu Datta Khule … Respondent.
Writ Petition No. 1345/2021
Decided on November 25, 2021
Advocates who appeared in this case:
Mr. Dheeraj D. Patil, Advocate for the Petitioner.
Mr. Anand Patil, Advocate for Respondent.
Mr. A.R. Patil, APP for State.
The Judgment of the Court was delivered by
SANDEEP K. SHINDE, J.:— Applicant is accused in Summary Case No.
149/2016, Ajara. He moved an application below Exhibit - 40 under
Section 91 of the Criminal Procedure Code, 1973, seeking production of
documents in possession of the Complainant - Bank. Application was
opposed by the Bank, contending that documents of which production
was sought, pertains to loan account of Smt. Dhanashree Khule, which
according to the Bank, was unconnected to ‘fact in issue’, besides
confidentiality of her account. Yet, the trial Court directed summons to
Branch Manager of the Bank to produce the documents sought by the
Accused and order was confirmed in Revision on 19th August, 2020.
These two orders are assailed in this Writ Petition.
2. Heard. Learned Counsel for the parties.
3. It may be stated that Smt. Dhanashree Khule is daughter-in-law
of the Respondent Vishnu Khule. His case is, in past Bank had
sanctioned & disbursed loan to his daughter-in-law. That loan was
outstanding. Thus, to recover the said outstanding loan, Bank
sanctioned loan to him and without his knowledge adjusted it against
Dhanashrees' outstanding loan. Thus, he sought directions to produce
documents to support his defence.
4. Without addressing the issue on merits, it maybe stated that the
Bank in its' reply to application moved by Vishnu Khule, had stated
that, if Dhanashree applies for the documents and particulars, relating
to her loan account, Bank will provide with all such documents and
particulars to her. If that be so, in my view, it would suffice the purpose
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of Mr. Vishnu. Mindful of this fact, Counsel for the parties have not
pressed their contentions. As such, Bank on an application being filed
by Dhanashree, shall furnish her certified copies of documents and
particulars, relating her loan account. In case, Bank fails or does not
furnish such documents and particulars as assured, the order passed by
the trial Court below Exhibit-40 shall be enforced forthwith. Petition is
disposed of.
———
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