Additional Director Of Income Tax(Investigation v. Pravinchandra Manilal Modi

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/SPECIAL CIVIL APPLICATION NO. 10666 of 2016 =============================================ADDITIONAL DIRECTOR OF INCOME TAX(INVESTIGATION) VersusPRAVINCHANDRA MANILAL MODI ============================================= Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1MR ARPIT A KAPADIA(3974) for the RESPONDENT(s) No. 1,2,3,4MR DAXAY D PATEL(6633) for the RESPONDENT(s) No. 5,6,7============================================= CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 19/11/2018 ORAL ORDER By way of present petition under Article 226 and 227 of the Constitution of India, petitioner has made following prayer in para 12(B): “Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction and be pleased to quash and set aside the order qua ordering the witness to remain present and give oral evidence and to depose with regard to documents submitted below Exhibit-157 passed in Special Civil Suit No.86 of 2010 dated 26/04/2016 passed by the learned 11[th] Additional Sr. Civil Judge and A.C.J.M. Surat, in the interest of justice.” Vide order below Exh.-159 passed in Special Civil Suit No.86 of 2010 the learned trial Judge admitted the documents produced at mark 157/1 to 157/14. In addition, the learned trial Judge also ordered Income Tax Officer to remain present for examination and cross-examination at the hands of the parties to the suit. It seems that there is no any request made by either of the parties to summon the witness but produced the said documents for his examination before the court. It is a matter of fact that the documents produced through the said witness of income tax department are the documents admitted by the learned trial Judge and when there is no express prayer made by the plaintiff for his examination and further no any such request proceeded or made by the defendant, under the circumstances, present petition requires to be accepted and impugned order passed below Exh.-159 to the extent ordering the witness to remain present is hereby quashed and set aside. With this observation and direction, present petition stands disposed of. (S.H.VORA, J.) Dolly