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2014 (11) TMI 1152 - HC - Indian LawsSuit for recovery - documents sought to be summoned - Held that:- We not inclined to interfere with the order passed by the Joint Registrar on 6th December, 2012 on the following reasons:- (a) Firstly, it appears that the present suit is a simple suit for recovery of the amount which was paid by the plaintiff to the defendant. It also appears from the averments made in the application as well as the grounds raised in the appeal that the defendant seeks production of the documents for investigation which is pending against various parties in collateral proceedings. The power of investigation, if any, under Section 11C of the Securities and Exchange Board of India Act, 1992 is with Securities Exchange Board of India. (b) The operation of the letters issued by the defendant has already been stayed by the Calcutta High Court. (c) It is also a matter of fact that under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, the impugned order is not an appealable order. Order XLIII CPC does not contemplate an appeal against the order passed in application under Order XVI Rule 1 CPC. (d) It also appears from the record that the defendant has attempted on many dates to delay the completion of the trial on one pretext or the other. The suit filed by the plaintiff is merely a suit for recovery of the amount. The said fact has not been denied. The said documents cannot be summoned from the plaintiff at the time of cross-examination of the defendant’s witnesses. It is evident that those documents are actually required by the defendant for pending investigation for the purposes of collateral proceedings.
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