RELIANCE INDUSTRIES LIMITED Vs. NTPC LIMITED

JUDGEMENT

(1.) IN this appeal under Clause 15 of the Letters Patent the order dated 20 February 2014 passed by the learned Single Judge of this Court in Chamber Summons No.201 of 2010 has been challenged. The Chamber Summons was taken out by the appellant defendant seeking an order against the plaintiff for discovery and inspection of documents as indicated and enumerated in Annexure to the chamber summons.

(2.) THE respondentplaintiff has filed the above suit in December 2005 for specific performance of contract for supply of 132 trillion BTU of Natural Gas for a period of 17 years on the basis of certain documents executed in 2004. The appellantdefendant filed its written statement on 31 October 2007 contending that there was no concluded contract between the parties and parties were merely at the stage of negotiation. This according to the appellant defendant was evident in view of meetings between officers of the appellantdefendant and respondentplaintiff.

(3.) THEREAFTER the respondentplaintiff filed its affidavit of documents on 7 December 2007. The appellantdefendant filed its affidavit of documents in January 2008. The issues in the suit were settled on 6 October 2008. As the suit was expedited the respondent plaintiff filed its affidavit in lieu of examinationinchief on 9 January 2009. The cross examination of the deponent of the affidavit is yet to be done. Thereafter, on 2 February 2010 the appellantdefendant through its Advocate sent a notice for discovery and production of documents to the respondent plaintiff. Immediately thereafter on 3 February 2010 the present chamber summons was taken out by the appellantdefendant seeking an order directing the respondent plaintiff to disclose on oath and give inspection of the documents mentioned in the schedule thereto as mentioned below :