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2022 (7) TMI 775 - NATIONAL COMPANY LAW TRIBUNAL , HYDERABAD BENCHSeeking production of original documents - Whether the Respondents can be directed to produce the documents as prayed? - HELD THAT:- It may be stated that the 1st Respondent herein earlier filed IA 40/2022 for leave to file certain documents mentioned in the index of the said petition and this Tribunal after hearing both parties on 08.06.2022 allowed the same and accordingly received the documents. During the course of the hearing of the said IA, Ld. Senior Counsel for the Respondents in IA No. 40/2022 Shri M.S. Prasad who is also the Counsel representing the Applicant herein, submitted that in order to verify whether the documents described as originals in the index are the original documents or not, the opportunity to verify the same may be given. Pursuant therefore, the Tribunal allowed verification of the said documents in the presence of the Ld. Counsel for the Petitioner and to file a memo confirming the verification of these documents. Later, the Ld. Counsels representing both sides have orally informed that the documents were verified and a memo confirming verification will be filed during the course of the day. However, no such memo was filed. Subsequently, a memo is filed by 1st Respondent on 01.07.2022. The present application is filed for a direction to the 1st Respondent to produce the originals of the documents - since the 1st Respondent had reiterated vide memo dated 01.07.2022 that the documents at Sl. No. 1 to 4 which were produced under IA No. 41/2022 are original documents no direction to produce the originals of documents at Sl. No. 1 to 4 by the 1st Respondent can be given. However, since the Applicant herein contends that the documents at Sl. No. 1 to 4 as produced are not originals, it is left open for the Applicant to establish that these documents are not original documents. In so far as other documents mentioned in the application are concerned, the 1st Respondent had stated that these documents are not presently traceable and that these documents being more than 8 years old, the 1st Respondent has no legal obligation to keep the records, besides that the relief sought for production of these documents is barred by limitation. Application disposed off.
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