DHANALAKSHMI MILLS LTD. TIRUPUR Vs. R. KRISHNAMURTHY

JUDGEMENT

(1.) This Civil Revision has been preferred under Article 227 of the Constitution of India, against the Order and Decretal order, dated 27.06.2013 made in I.A.No.1400 of 2009 in O.S.No.881 of 2008 on the file of the II Additional District Court, Coimbatore.

(2.) The petitioner herein is the first defendant in the suit, that was filed by the first respondent, as plaintiff against the petitioner and the respondents 2 and 3, seeking specific performance of the contract, alternatively to return a sum of Rs.7,20,14,593/- with subsequent interest on the principal amount, Rs.3,37,50,000/-.

(3.) During the pendency of the said suit, Interlocutory Application in I.A.No.1400 of 2009 was filed by the petitioner / D1 under Order 26 Rules 10A and 10B, seeking appointment of Advocate-commissioner to take possession of the original Minutes Book of the Board of Directors of the appellant company and deliver the same to the Forensic Department of the State of Tamil Nadu and secure a report, to find out whether or not the last three lines at page 87 and last two lines of page 93 of the Minutes Book purporting to be minutes of the Board Meeting of the applicant company held on 30.03.2005 and 23.05.2005 respectively were interpolated or fudged or forged or backdated.