9911796707
TMI Blog2014 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Some relevant facts about the progress of the suit are necessary for the disposal of the present appeal. The same are that the plaintiff filed the suit for recovery of Rs. 11,89,86,521/- against the defendant. The suit was filed on 16th March, 2004. The admission/denial of the documents was completed by the parties on 8th July, 2005. Issues in the above said matter were framed on 24th April, 2006. The plaintiff was given time to file the affidavit by way of examination-in-chief. The said affidavit was filed by the plaintiff on 14th September, 2006. PW-1 was cross-examined partly on 31st October, 2006. The said cross-examination was completed by the defendant on 2nd March, 2010. In the meanwhile, the defendant who was under the cross-e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the plaintiff is that in the order dated 19th January, 2009 earlier passed by this Court, the liberty was only granted to the defendant to summon the documents, if any, in accordance with law. As there is no law that enables the defendant/appellant to summon the documents in question from the plaintiff at the time of cross-examination of the defendant's witnesses, the application has to be dismissed. The Joint Registrar has stated that the orders dated 21st September, 2007 and 9th January, 2008 passed by the Calcutta High Court in the other suit between the same parties, the defendant was restrained from looking into the documents as sought to be summoned by the defendant in the present case. The contention of the plaintiff is that the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4th August, 2003 for investigation and inspection of the books of accounts and records of the plaintiff under the provisions of Securities Contracts (Regulation) Rules, 1957 and Byelaws. 7. It is argued that the plaintiff in the present case has not questioned the authority of the defendant to call for production of such books or for inspection of the said records and/or accounts for the said periods. Therefore, the documents sought are relevant and would be required for a fair adjudication of the disputes between the parties and unless the plaintiff discloses and/or allows inspection of such documents, the trial of the suit is liable to be stayed. 8. Learned Senior counsel appearing on behalf of the plaintiff has argued that the intentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted the defendant to investigate the financial transactions of the plaintiff company. In my considered view, scope of the trial in a civil suit cannot be extended to cover investigation sought to be conducted by the defendant into the financial transactions of plaintiff company. What is to be seen is as to whether the documents sought to be summoned would be relevant for effective disposal of the present suit and if so, the defendant deserves to be granted relief as sought. At the same time, for the purposes of Order XI Rule 12 and 14 CPC also the criteria is that the documents sought to be produced must be relevant for the purposes of adjudication of the suit. Once the Hon'ble Single Judge came to the conclusion that the documents soug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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