MEEZAN REALTORS P LTD Vs. U K MOHANRAJ

JUDGEMENT

(1.) THE petitioner filed O.S.No.82 of 2006 on the file of the Court of the Subordinate Judge of Kozhikode for specific performance of Ext.P1 agreement for sale dated 22.7.2003. THE respondent/ defendant contested the suit. He contended that there was no agreement for sale with the plaintiff Company and Ext.P1 agreement was entered into between the respondent and A.Abdulla. THE defendant also raised a contention that on the date of Ext.A1 agreement the plaintiff Company was not in existence and the Company was not constituted as on that date. THE agreement was entered into in the personal capacity of Abdulla.

(2.) THE defendant filed I.A.No.3032 of 2010 for a direction to the plaintiff to produce the Memorandum of Association, Articles of Association, Certificate of Incorporation, audited balance sheet and the minutes book of the plaintiff Company in order to substantiate the case put forward by the defendant. I.A.No.3032 of 2010 was opposed by the plaintiff. According to the plaintiff, the documents which are sought to be called for are not really necessary for the adjudication of the dispute involved in the case.

(3.) ON going through the Original Petition and the documents produced along with the Original Petition and after hearing the learned counsel for the petitioner at length, I do not find any illegality, irregularity or impropriety or error of jurisdiction in the order passed by the court below. In the nature of the contentions raised by the parties, the documents sought to be called for are relevant and necessary for an effective and complete adjudication of the disputes involved in the case. The court below was right in holding so. No grounds are made out for interference.