RELIANCE INDUSTRIES LTD Vs. RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) By the above Chamber Summons, the Defendant Reliance Industries Ltd. has prayed for the following relief:

(2.) It is necessary to point out at the very outset that the above Suit filed by the Plaintiff NTPC Ltd. ('NTPC') (formerly National Thermal Power Corporation Limited) against the Defendant Reliance Industries Limited ('RIL') is pending in this Court since the last 10 years. In fact 7 years have passed since the hearing of the Suit being expedited in the year 2008 by the then Hon'ble the Chief Justice of this Court. As more particularly set out hereinafter, RIL has already filed three Affidavits of Documents dated 31st October, 2007, 3rd December, 2009 and 23rd January, 2010. This is one more attempt on the part of RIL to file certain fresh documents which interestingly include documents internally exchanged by RIL Officials pertaining to the Meetings held during July 2004 and November, 2005. RIL chooses to file these documents which according to RIL are in their possession since 2004-2005 i.e. even prior to RIL filing its Written Statement on 2nd November,2007, followed by two subsequent amendments to their written statement, three Affidavits of Documents filed from time to time, and after the cross-examination of the Plaintiff's witnesses is over. This Court has in three recent orders, i.e. Order dated 20th February, 2014 whilst dismissing Chamber Summons No. 2091 of 2010 filed by RIL, Order dated 20th March, 2014 dismissing RIL's Appeal being Appeal (Lodging) No. 151 of 2014, and the Order dated 11th July, 2014 allowing RIL's amendment application which was moved on the day the NTPC's Witness was scheduled to be cross-examined, observed against RIL as follows:

(3.) As set out hereinabove, RIL has now once again filed the above Chamber Summons seeking liberty to file fresh documents which include documents internally exchanged by RIL officials pertaining to the meetings held during July, 2004 and November, 2005, admittedly in possession of RIL since about a decade.