NIRMAL KANODIA Vs. UMADEVI AGARWALLA

JUDGEMENT

(1.) GA 4 of 2024 is filed in CS 264 of 2012 by the Plaintiff no. 1 praying for recalling the Defendant 's witness Deepak Agarwalla for the purpose of further cross-examination only to the extent of confronting him with the list of shareholders of Bhumi Minerals Limited. It is contended that the list of shareholders was published by the Ministry of Corporate Affairs, Government of India in the official website on 30/09/2011 and 28/09/2012. In spite of best diligence, these documents could not be discovered or unearthed and incorporated in the list of documents. Now the Plaintiff intends to tender these documents in evidence and confront the Defendant 's witness with these documents.

(2.) The contention of the application is refuted by the Defendant in terms of their affidavit-in-opposition. It is contended that the instant application is nothing but a ploy to delay the trial. It is contended that the list of shareholders, were in public domain but the Plaintiffs did not make any averment in their own suit in respect of the list of shareholders or brought to the notice of this Court in Judge ' Brief of document. It is argued that allowing the present application will be tantamount to departure from the case made out by the Plaintiffs in their own suit, namely, CS 264 of 2012 as well as in the previous suit, namely, CS 124 of 2011. It is contended that at this belated stage recalling of witness is not tenable and should not be allowed.

(3.) In affidavit-in-reply the Plaintiff submitted that under the law the recalling of witness for production and adducing in documentary evidence can be done at any stage. It is rather the Defendants who have chosen to suppress the documents in order to derive illegal gains and benefits and to prevent effective and complete adjudication of disputes in the suit. Such suppression and concealment is tantamount to abuse of process of the Court.