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2016 (5) TMI 1188 - RAJASTHAN HIGH COURT

2016 (5) TMI 1188 - RAJASTHAN HIGH COURT - TMI - Non-applicant marking a letter - Held that:- This court cannot come to a conclusion that the official liquidator is in possession of the original bills, vouchers and receipts evidencing expenses of ₹ 1,33,501/- or the deposit slips in the name of the company in liquidation to an extent of ₹ 79,900/-.

Consequently, in the obtaining facts of the case, find no force in the application. The same is dismissed. However, as stated .....

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f the non-applicants. It has been submitted that the counsel for the Official Liquidator objected before the Deputy Registrar (Judicial) on 17-9-2015 inter alia to the non-applicant marking a letter dated 26-11-2010 as Ex.A-8 and certain bills, vouchers and receipts as Ex.A-10 to A-19 on the ground that they were mere photo copies. Counsel for the non-applicant submits that in the circumstance, this present application has been filed. It has been submitted that Ex.A-8 is the photo copy of the OL .....

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ed 26-3-1997 addressed by the non-applicant No.1 to the Official Liquidator, certain bills, vouchers and receipts aggregating to an amount of ₹ 1,34,151/- was also sent. The receipt of the said letter dated 26-3-1997 is admitted, in fact it has been marked as A-5 by the OL himself with his application under Section 543 of the Act of 1956. The said documents are therefore indeed in the possession and control of the Official Liquidator and it be directed that they be produced before this cou .....

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he Act of 1956. Attention of the court has been drawn to the proviso to Order 11 Rule 12 CPC to contend that discovery shall not be ordered when the court is of the opinion that it is not necessary either for fairly disposing of the suit or for saving costs. It was then submitted that albeit letter dated 26-3-1997 from the non-applicant purported to submit details of deposits in the account of the company in liquidation by the non-applicant to an extent of ₹ 79,200/- and bills, vouchers an .....

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1997 does not indicate to have been sent along with enclosures, as no such endorsement has been made in the letter. In the circumstances the original of documents in issue not being available with the Official Liquidator, they cannot be produced in court. Heard. Considered. A party to a proceeding in a court is obliged to furnish documents relevant to the matter pending in the court. But it is evident that Official Liquidator's notice dated 26-11-2010 requiring the non-applicant No.1 to file .....

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