N.Kalavathy v. Green Bay House

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3136 of 2023 1.N.Kalavathy 2.R.Balarman

...Petitioners

Vs.

Green Bay House Represented by its proprietor Mr.R.Sathish Kumar No.2/49, 6th street, S.R.B Nagar, Kolathur, Chennai - 600 099.

....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to set aside the order dated 01.12.2022 made in IA No. 3 of 2022 in O.S No. 2230 of 2019 on the file of XIX Additional City Civil Court, Chennai.

For Petitioners : Mr.M.D.Sulaiman Basha For Respondent: Mr.P.V.Bakthvatsalam

ORDER

This petition has been filed to set aside the order dated 01.12.2022 made in IA No. 3 of 2022 in O.S No. 2230 of 2019 on the file of XIX Additional City Civil Court, Chennai.

2. The petitioner herein filed I.A No. 3 of 2022 in O.S No. 2230 of 2019 on the file of XIX Additional City Civil Court, Chennai, to produce the original documents for the purpose of proceeding with the trial. After considering submissions, the Trial Court held that those documents are not necessary at that stage and closed the said application. Challenging the same the petitioners filed this Civil Revision Petition.

3. Heard the learned counsel for the petitioner.

4. Admittedly, the petitioner issued notice on 18.08.2022 to the respondent herein to produce the certain original documents which is in the custody of the respondent in respect of loan transaction. Considering the fact of the case, so far, the trial was not commence. Hence production of the original documents sought by the petitioner would not cause any prejudice to the respondent. Therefore, the respondent herein is directed to produce the documents in the notice dated 18.08.2022 before the court.

5. In the result, this Civil Revision Petition is allowed. No Cost. 21.12.2023 pbl To The XIX Additional City Civil Court, Chennai.

T.V.THAMILSELVI,J.

Pbl CRP No. 3136 of 2023 21.12.2023