MANISHA VIJ & ORS Vs. HSIL LTD

JUDGEMENT

(1.) By this appeal, the appellants assail the order dated 19th January, 2018 whereby the ld. Single Judge has rejected O.A.No.220/2016 filed by the appellants. This chamber appeal was filed under Rule 4 of Chapter II of The Delhi High Court (Original Side) Rules, 1967 impugning an order dated 20th October, 2016 passed by the Joint Registrar (Judicial) dismissing an application under Order VIII Rule 1A (3) of the Code of Civil Procedure filed by the appellants/defendant nos.1 to 4 and 6.

(2.) It appears that the respondents herein filed CS(OS)No.486/2014, being a suit praying for a decree for recovery of a sum of Rs.3,79,06,333/- against the defendant no.1, an erstwhile employee of the plaintiff, and his wife as defendant no.2 and certain companies defendant nos.3 to 5, on the ground that these were the companies floated by the defendant nos.1 and 2 which had received payments from international clients of the plaintiff, of amounts actually payable to the plaintiff. Putting it simply, it was a case of the respondent herein that the defendant nos.1 and 2 had misappropriated amounts of the plaintiff which were claimed in the suit.

(3.) Issues were framed in the suit on 7th May, 2015 when it was also directed that the defendants would lead evidence first. After the evidence of the appellants herein was concluded, and at the stage when evidence of the plaintiffs were to commence, the defendant nos.1 to 4 and 6 filed I.A.No.9005/2016 under Order VIII Rule 1A (3) of the Code of Civil Procedure with a prayer to permit taking on record additional documents with liberty to the defendants to file additional evidence in support of the documents.