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

1. 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.

4. Since several lawyers in the Court room have addressed this

Court on this common issue, the learned Registrar (Judicial) of this

Court is directed to circulate this order to all the learned Principal

District Judges of the District Courts in Maharashtra, so as to bring

this aspect to the notice of all the learned Judges working in the

judicial districts in this state.

5. This matter shall stand over to 26.2.2018 and the interim

relief granted earlier to continue.

6. The applicant in this proceedings is at liberty to move an

application for seeking recalling of the 'No evidence' order passed by

the learned Civil Judge (S.D.) Newasa in HMP No.12 of 2014, dated

4.1.2018 since the said order was passed though this Court had

passed an order on 20.12.2017.

                      ( RAVINDRA V. GHUGE, J. )

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