UNION OF INDIA Vs. SUNRISE TRADERS

JUDGEMENT

(1.) Heard Mrs. U. Chakraborty, learned counsel for the appellant and also heard Mr. A. Goyal, learned counsel for the respondent/claimant.

(2.) The facts and circumstances of the case which led to the filing of this appeal are briefly stated herein below:-

(3.) It is submitted by the learned counsel for the appellant that after the parties were called up by the learned Tribunal the respondent filed an affidavit along with certain documents which will help the appellant to prove his case however, the same was not accepted by the Tribunal on the ground that this High Court, in the order dated 24.09.2007 had directed to decide the case based on the materials available in the record only. And this decision of the Tribunal has put the appellant in disadvantage in proving his case. After submitting as such, the learned counsel tried to drew my attention to the affidavit and the documents annexed thereto. However, the learned counsel for the respondent strongly objected the same and at the same time submitted that those documents are un-exhibited documents, therefore, this Court cannot look into them at this stage of the case. While agreeing with the submission of the learned counsel for the respondent and decision of the Tribunal in view of the High Court's order dated 24.9.07 passed in MFA No. 56/2007 it may also be stated that the affidavit was filed on 20.02.2007 and, the impugned judgment and order was passed on 26.10.09, in between the two dates the appellant could have filed an application for leave to file the affidavit and the documents and to exhibit them in evidence and in the event of such prayer not being allowed he could have come to this Court either on revision or in any way permissible under the law. But the appellant having kept quiet all along and all these times, I am afraid, it is too late in the day to ask this Court to look into those documents.