Kumudni Aggarwal v. Anjana Devi

1. The petitioner challenges the order dated 06.08.2022 passed in CS No. 529/2020 titled “Anjana Devi vs. Kumudni Aggarwal”, whereby the learned Trial Court had allowed the application under Order XI Rules 12 and 14 of CPC, 1908 filed by the respondent/plaintiff seeking directions to the petitioner/defendant to file certain documents. [ The proceeding has been conducted through Hybrid mode ]

2. Mr. Rajesh Mahale, learned counsel appearing for the petitioner draws attention of this Court to the order dated 27.10.2022 passed by this Court to fairly submit that the petitioner has restricted the challenge to the impugned order in respect of only the direction to file the statement of the bank account belonging to the petitioner.

3. Learned counsel submits that the petitioner has categorically in para-34 at page 108 has referred to the payment of Rs.15 Lacs made to the respondent /plaintiff by way of Cheque No.252788 dated 02.06.2018 drawn on Axis Bank, Secctor-18, Noida-201301 and submits that there is an assertion by the petitioner/defendant that the respondent/plaintiff had encashed this aforesaid amount.

4. Learned counsel also submits that so far as the other amounts as reflected in the plaint is concerned, the petitioner/defendant has already admitted those, therefore, the question of production of the account statement of the Bank was not required and is unnecessary so far as the contention of the petitioner/defendant is concerned.

5. Learned counsel submits that the direction of the learned Trial Court to the petitioner/defendant to produce the bank statement of the bank account is akin to the roving enquiry into the account statements of the petitioner/defendant and is not warranted under the circumstances. On that basis, learned counsel submits that the order to that extent should be set aside.

6. Per Contra, Mr. Sandeep Kumar, learned counsel appearing for the respondent/plaintiff submits that the amounts as indicated in the plaint may have been admitted by the petitioner/defendant, however, in respect of the amount of Rs.15 Lacs as divulged in para-34 of the written statement is concerned, the specific stand of the respondent/plaintiff is that such sum was never encashed by the respondent/plaintiff.

7. Therefore, on that basis, learned counsel submits that in order to resolve the controversy, it is necessary that the petitioner/defendant is directed to produce the statement of account to show as to how, when and in what manner such sum was paid by the petitioner/defendant to the respondent/plaintiff.

8. Learned counsel further submits that the impugned order passed by the learned Trial Court is in accordance with law and there is no material irregularity or judicial impropriety committed by the learned Trial Court warranting interference by this Court.

9. This Court has considered the rival submissions of the parties and has also perused the contentions of para-34 of the written statement filed by the petitioner/defendant before the learned Trial Court.

10. This Court is of the considered opinion that instead of directing the petitioner/defendant to produce the entire statement of account, having regard to the fact that those accounts, which have been mentioned by the respondent/plaintiff in its plaint have already been admitted by the petitioner/defendant, the only controversy which may require some resolution or clarification or evidence to be led, would be in respect of the aforesaid amount of Rs.15 Lacs which the petitioner/defendant contends to have paid by way of cheque to the respondent/plaintiff and the further assertion that the same has been encashed.

11. In view of the above, this Court considers that the direction by the learned Trial Court in the impugned order may be modified only to the extent that the petitioner/defendant produces proper and valid bank certificate in respect of the contention that the petitioner/defendant has paid a sum of Rs.15 Lacs by way of Cheque No. 252788 dated 02.06.2018 drawn on Axis Bank, Sector-18, Noida-201301 and places the same on record of the learned Trial Court.

12. The aforesaid direction would suffice the need of the petitioner/defendant to produce the documents relating to the statement of accounts of the aforesaid bank.

13. The petitioner/defendant is directed to place on record of the learned Trial Court on or before 12.07.2023, the aforesaid document as directed with an advance copy to the learned counsel for the respondent/plaintiff. The learned Trial Court shall take the same on record and proceed in accordance with law, thereafter.

14. In view of the aforesaid, the petition is disposed of with no order as to costs.

TUSHAR RAO GEDELA, J. APRIL 10, 2023