M/S. SPECTRUM POWER GENERATION LIMITED, REP. BY ITS GENERAL MANAGER, Y. VENKATA RAO Vs. MR. M. KISHNA RAO S/O.LATE M.ANJAIAH AND TWO OTHERS

JUDGEMENT

(1.) This revision is maintained by the sole defendant in O.S.No. 4051 of 2004 on the file of the VIII-Additional Senior Civil Judge (Fast Track Court), City Civil Courts, Hyderabad (for short, 'the trial Court').

(2.) The above referred O.S. No. 4051 of 2004 is filed by three plaintiffs for declaratory relief in relation to a provision of guarantee commission claimed not entitled by the defendant including to reverse as per the general body resolution dated 25.04.1994 and for consequential mandatory injunction to reflect and continue to provide for the provision relating to guarantee commission and for prohibitory injunction for writing back or reversing the provision of guarantee commission and for costs and other reliefs including to set aside the resolutions passed by the defendant Company dated 14.02.2005 reversing the provision relating to the guarantee commission and to declare the resolution as illegal and for other reliefs.

(3.) The defendant is contesting the suit. During the course of trial, after completion of the plaintiffs' evidence and while DW.1 examination-in-chief is taken up/ in progress, defendant wanted to exhibit the copy of the order in Company Petition No. 43 of 2007 and other batch matters, dated 15.10.2007, there was an objection raised by the plaintiffs on the admissibility saying not in accordance with Sec. 76 of the Indian Evidence Act, 1872 (for short, 'the Act') and Rule 199 of Civil Rules of Practise and Circular Orders, 1990 and for no certification as required under the provisions to receive for upheld the objection by returning the document to the defendant for want of proper certification.