AKHILESH KUMAR VERMA Vs. MARUTI UDYOG LTD.

JUDGEMENT

(1.) The defendant is in revision aggrieved against the order passed by the learned Trial Court on 17.1.2004 whereby the application filed by the defendant for discovery and production of documents was declined.

(2.) The plaintiff filed a suit for the recovery of Rs. 1,21,958.83P against the defendant, an ex -employee of the plaintiff who was advanced loan for the purchase of vehicle. Said suit for recovery has been filed on the allegation that the company has right to recover the entire loan amount together with interest in lump sum after the defendant ceased to be in employment of the plaintiff. Said suit has been filed on 8.8.1994. Before filing the said suit, the defendant has served a notice dated July 20, 1994 whereby the defendant has claimed that the company i.e. the plaintiff owed a sum of Rs. 2,42,700/ -after settlement of all the dues that were payable by him. The defendant in the written statement has relied upon the said notice and claimed that no loan amount is due against the defendant after adjustment of the amount payable to the defendant by the plaintiff.

(3.) During the pendency of the said suit the defendant moved an application for production of certain documents i.e. the documents necessary to substantiate the plea by which he has claimed amount payable to the defendant after settlement of all the dues of the plaintiff. Learned Trial Court declined such application on the ground that no counter claim has been filed nor there is any plea of set off. It was further found that since the defendant has filed a separate suit challenging his dismissal therefore, the documents sought for have no relevancy in respect of the present suit.