BLB LTD. Vs. THE CALCUTTA STOCK EXCHANGE

JUDGEMENT

(1.) THE abovementioned Chamber Appeal has been filed by the defendant/appellant under Rule 4 read with Chapter II of Delhi High Court (Original Side) Rules, 1967 against the order dated 6th December, 2012 passed by the Joint Registrar to the extent of order passed in I.A. No. 6903/2012 (under Order XVI Rule 1 CPC).

(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 -examination filed the application being I.A. No. 6903/2012 under Order XVI Rule 1 CPC. In terms of the order dated 24th May, 2012, both the sides filed additional affidavits pertaining to the proceedings pending in Calcutta High Court. Through the said application, the defendant sought summoning of the record of business transactions of the plaintiff -Company as per the details given in para 2 of the application.

(3.) THE defendant in the year 2012 filed an application being I.A. No. 6903/2012 before the Joint Registrar for seeking direction to disclose the documents. The said application of the defendant was dismissed by the impugned order dated 6th December, 2012. The said order has been challenged by the defendant by filing of the present chamber appeal.