SURESH KAPOOR Vs. SHASHI KRISHANLAL KHANNA

JUDGEMENT

(1.) IA No.2208/2015 (for condonation of two (2) days" delay in filing OA No.44/2015) The application has been filed for condonation of two (2) days" delay in filing OA No.44/2015. For the reasons stated in the application, the delay is condoned. The application stands disposed off. OA No.44/2015

(2.) THE appellant sought release of the following original documents and substitution of the same with their respective certified copies:

(3.) THE said documents are stated to be kept in a sealed cover for reference, if so required during the trial. While dismissing the application, various factors were considered including the apprehension of the plaintiff that if the documents were to be returned back to defendant No.1, they may be misplaced or even destroyed deliberately, in which circumstance, the plaintiff would not be able to cross -examine the defendant or his witnesses and such eventuality would cause irreparable loss to the plaintiff; that if the documents were kept in a sealed cover, they are not under the threat of getting damaged, tampered with or wasted; that the defendant had not disclosed any reason as to why the original documents were required, especially since any action on the basis of the said original documents would be subject to the outcome of the suit proceedings.