Whether trial court should rely on print out of order uploaded on official website of high court?
Learned counsel for the applicant has expressed an
apprehension that the order of this Court dated 20.12.2017 as well
as this order, would be available on the official website of the
Bombay High Court and there is a possibility that since it would not
be a certified copy of the order, the trial Court may insist upon
producing a certified copy.
2. I am of the view that this apprehension is misplaced since the
print out of the orders of this Court from the official website has
sanctity and the trial Courts are expected to consider the said orders,
if they are cited after taking a print out from the official website.
The said orders are also available before the trial Court from the
official website and there can be a counter verification to find out
whether such an order is actually uploaded to the official website or
not. In this backdrop, there is no harm if such a print out from the
official website is placed before this Court.
3. It is informed by the learned Advocates that, in several cases
before various trial Courts, the learned Judges insist on production
of the certified copy of the order and they are not inclined to
consider the print out of an order from the official website of the
Bombay High Court, as being a reliable document. As observed in
the foregoing paragraphs, in the event of any doubt in the mind of
the learned Judge, it can be checked from the official website of the
Bombay High Court as to whether such an order has been uploaded
or not? Once the order is uploaded on the official website, it is a
reliable document to be considered by the Court before whom it is
cited.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO. 244 OF 2017
SHITAL KRUSHNA DHAKE V KRUSHNA DAGDU DHAKE
CORAM : RAVINDRA V. GHUGE, J.
Dated: February 02, 2018
