Calcutta High Court
Madhav Prasad Priyamvada Birla Apex ... vs The Peerless General Finance & ... on 6 February, 2024
OD-18
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
CS/120/2017
IA NO: GA/4/2021
GA/5/2022
MADHAV PRASAD PRIYAMVADA BIRLA APEX CHARITABLE TRUST & ORS
VS
THE PEERLESS GENERAL FINANCE & INVESTMENT COMPANY LIMITED &
ANR
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: 06TH February, 2024.
Appearance:
Mr. Abhrajit Mitra, Sr. Adv.
Mr. S. Ghosh, Adv.
Mr. Biswajit Kumar, Adv.
Mr. Indradeep Basu, Adv.
..for the plaintiff Mr. Rahul Karmakar, Adv.
Mr. Tapan Nag Chowdhury, Adv...for the defendant No. 1
The Court: Mr. Abhrajit Mitra, learned Senior Counsel, is appearing for the plaintiff and Mr. Rahul Karmakar, learned Counsel, is appearing for the defendant No. 1.
Counsel for the defendant No. 1 has filed the present application being GA/5/2022 praying for a direction upon Triple A Business Services (P) Limited having its registered office at 12, Bhagat Singh Marg, New Delhi- 110001, to depute an authorized person to produce documents before this Court the documents, namely, 2 "11. Original letter dated 31st January, 2005 from Kolkata Municipal Corporation (in short "KMC") to Peerless acknowledging receipt of application of Peerless for mutation and appointment.
12. Original Receipt dated 31st January, 2005 issued by KMC to Peerless acknowledging receipt of a sum of Rs.75 lakhs.
13. Original letter dated 12th December, 2005 from KMC to Peerless stating approval of application for mutation and apportionment subject to clearance of outstanding dues up to 4th quarter 2004-05, if any."
Counsel for the defendant No. 1 submits that Triple A Business Services (P) Limited by a communication dated 22nd February, 2008 has forwarded the above documents to the defendant No. 1 and the defendant No. 1 is relying upon the said documents in the written statement being 'A', 'C' and 'D' in the list of documents annexed with the written statement.
Counsel for the defendant No. 1 submits that as the original of the said documents are with the Triple A Business Services (P) Limited and as such a direction is required to be passed by this Court to produce the original document so that the documents can be disclosed to the plaintiff for inspection and to rely the same by the defendant during the evidence of the defendant.
Counsel for the defendant No. 1 relied upon Order XI Rule 14 of the Code of Civil Procedure and submitted that as per the said provisions this 3 Court has the power to issue directions upon any party to produce the documents.
Counsel for the defendant No. 1 has relied upon the judgement reported in 1972 SCC OnLine Cal 11 and submitted that the Co-ordinate Bench of this Court has held that if the Court is satisfied that the document is in possession of a party, the Court can pass the order directing the party concerned to produce the said documents.
Per contra, learned Counsel for the plaintiffs submit that this Court can not pass any order for production of documents upon Triple A Business Services (P) Limited as the said company is not a party to the suit and as per Order XI Rule 14 of the Code of Civil Procedure this Court can only pass a direction for production of documents if the same is the party to the suit.
Mr. Mitra, learned Senior Counsel further submits that no order can be passed upon the person who is not a party to the suit and he has relied upon the judgement reported in (2016) 1 Supreme Court Cases 743.
Considered the submission made by the Counsel for the respective parties. Perused the application and the judgement relied upon by the parties.
Order XI rule 14 of the Code of Civil Procedure reads as follows:
"14. Production of documents.- It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in 4 question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just."
As per the said provisions this Court can only pass a direction for production for the documents by any party but in the present case, Triple A Business Services (P) Limited is not a party to the suit and as such this Court cannot pass any order against any third party. In view of the above, this Court cannot invoke the provisions of Order XI Rule 14 of the Code of Civil Procedure by directing Triple A Business Services (P) Limited for production of the documents as prayed for by the defendant No. 1.
In view of the above, the application filed by the defendant No. 1 is misconceived and accordingly, the same is rejected.
GA/5/2022 is disposed of.
Counsel for the defendant submits that though the application being GA/4/2021 is listed but the same is already disposed of, accordingly, GA/4/2021 shall be treated as disposed of.
(KRISHNA RAO, J.) Sbghosh