M/S Ludhiana Golden Logestics Pvt Ltd v. H.D.F.C. Bank Ltd And ANR

C.R. No.8101 of 2015 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.8101 of 2015 (O&M) Date of Decision.10.12.2015 M/s Ludhiana Golden Logistics Pvt. Ltd.

........Petitioner Vs.

HDFC Bank Ltd. and another .........Respondents

Present:

Ms. Jarnail Kaur Dhaliwal, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The application for summoning the documents from the custody of the defendants was rejected by the trial Court on a reasoning that the documents were said to be necessary for addressing arguments and for cross-examination of the defendant. The Court had observed that only chief examination of the plaintiff had been over and these documents cannot be necessary at this time. The counsel now says that the cross-examination of plaintiff is also over and PW2 has been examined in chief. The reasoning adopted by the Court below will continue at this stage as well. I may observe that the plaintiff is at liberty to seek for production of the documents afresh after the plaintiff's side is closed and the Court will examine the relevance of the documents which are sought to be produced and pass appropriate orders directing production of the documents if they are found relevant. The Court will be competent to pass an order in terms of Order 11 Rule 21 PANKAJ KUMAR 2015.12.11 12:50 I attest to the accuracy and integrity of this document

C.R. No.8101 of 2015 (O&M) -2CPC including the consideration for striking off the defence if the documents are not produced. The order passed already is modified allowing for the trial to continue and for reconsideration of the plaintiff's request for production of the records from the defendant in the light of the observation made above.

2.

The revision petition is disposed of with the above observations.

(K. KANNAN) JUDGE December 10, 2015 Pankaj* PANKAJ KUMAR 2015.12.11 12:50 I attest to the accuracy and integrity of this document