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Andhra Pradesh High Court
Judges : S.PARVATHA RAO
Vysya Bank Ltd., Bangalore - Appellant
Versus
B.Seetharamaiah - Respondent
Decided On : 07-21-93
BANKERS BOOKS EVIDENCE ACT - SECTION 4 - CERTIFIED COPIES OF BANKERS BOOKS - ADMISSIBILITY - PRIVILEGE - MINUTES BOOKS OF BOARD OF DIRECTORS AND WORKING COMMITTEE - WHETHER BANKERS BOOKS - INSPECTION OF BOOKS - SECTION 6 OF THE ACT - DISCRETION OF COURT - PRODUCTION OF DOCUMENTS - ORDER 11 RULE 14 OF THE CIVIL PROCEDURE CODE - CONDITIONS - RELEVANCE OF DOCUMENTS.
Fact of the Case:
The petitioner-Bank challenged the order of the learned Additional Subordinate Judge directing the petitioner to file true authenticated copy of the entire minutes book or to file the original minutes book. The respondent, who was compulsorily retired from service by the petitioner-Bank, filed a suit seeking a declaration that the order of compulsory retirement and the order of the appellate authority were illegal, void, and inoperative. The respondent sought production of the minutes pertaining to the disposal of his appeal and the petitioner-Bank filed certified copies of the relevant resolutions.
Finding of the Court:
The Court held that the certified copies of the relevant resolutions produced by the petitioner-Bank were complete and complied with the requirements of Section 4 of the Bankers Books Evidence Act, 1891. The Court further held that the minutes books of the Board of Directors and the working committee of the Bank were bankers books within the meaning of Section 2(3) of the Act and that the certified copies of the relevant resolutions were admissible in evidence. The Court also held that the respondent had not made out a case for inspection of the petitioner-Bank's books under Section 6 of the Act and that the learned Subordinate Judge had failed to consider whether the entire minutes book was relevant to the matter in question in the suit before directing its production.
Issues: 1. Whether the certified copies of the relevant resolutions produced by the petitioner-Bank were complete and complied with the requirements of Section 4 of the Bankers Books Evidence Act, 1891? 2. Whether the minutes books of the Board of Directors and the working committee of the Bank were bankers books within the meaning of Section 2(3) of the Act? 3. Whether the respondent had made out a case for inspection of the petitioner-Bank's books under Section 6 of the Act? 4. Whether the learned Subordinate Judge had failed to consider whether the entire minutes book was relevant to the matter in question in the suit before directing its production?
Ratio Decidendi: 1. Section 4 of the Bankers Books Evidence Act, 1891 provides that a certified copy of any entry in a banker's book shall be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions, and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. 2. The definition of "bankers books" in sub-section (3) of section 2 of the Act is an inclusive definition and includes ledgers, day-books, cash-books, account-books, and all other books used in the ordinary business of a bank. 3. The minutes books of the Board of Directors and the working committee of a bank are books regularly kept in the course of their business and are therefore bankers books within the meaning of Section 2(3) of the Act. 4. Section 6 of the Act provides that the Court may order the production of a banker's book for inspection by a party to a legal proceeding, but only if the Court is satisfied that the book is in the possession or power of the party against whom the order is made and that the book relates to the matter in question in the proceeding.
Final Decision: The Civil Revision Petition was allowed and the order of the learned Subordinate Judge directing the petitioner to file true authenticated copy of the entire minutes book or to file the original minutes book was set aside.
( 1 ) THE petitioner-Bank questions the order of the learned Additional Subordinate judge at Anantapur in LA. No. 436 of 1989 in i O. S. No. 28 of 1988 dated 4-11-1989 allowing the said I. A. and directing the petitioner "either to file true authenticated copy of entire minutes book or they should file original minutes book". That order was made in an application made under Order 11 Rule 14 read with Section 151 of the Civil Procedure code.
( 2 ) THE respondent herein filed the said O. S. No. 28 of 1988 against the petitioner herein for declaring that its order dated 27-8-1986 directing compulsory retirement of the respondent and the order dated 5-1-1987 of the appellate authority are illegal, void and inoperative and to direct the petitioner-Bank to reinstate the respondent in his post as divisional Manager of the Bank with all consequential benefits. It is stated in the affidavit of the respondent filed in support of the present application that by order dated 27-8-1986 of the working committee of the petitioner-Bank, the respondent was compulsorily retired from service and that his appeal against the said order was disposed of without hearing him on 5-1-1987. It is also stated in the said affidavit that the respondent herein served a notice on the counsel of the petitioner-Bank to cause production of the minutes pertaining to the disposal of the appeal and "a photostat copy of extract of incomplete minutes purported to have been recorded at the relevant time was produced into Court. It is further averred that the said document was not complete and that it was a copy and totally inadmissible and that therefore he sought a direction for "production of the original minutes book in its full shape pertaining to the disposal of the case by the working committee and the board of Directors". In the counter affidavit filed on behalf of the petitioner-Bank, it is stated that the Bank could not be compelled to produce the original minutes book in view of Section 4 of the Bankers Books Evidence act, 1891 (herein after referred to as the Act ) and that the original minutes book contained highly confidential and privileged information pertaining to other important matters and that the said book was necessary for the bank in the course of their day to day business. It is also stated that a true copy of the relevant resolutions as recorded in the original minutes book certified by the Bank s secretary was produced along with the said affidavit.
( 3 ) THE learned Subordinate Judge in his order observes that "some extracts of the minutes book", were filed, whereas the respondent herein wanted the production in full shape. He also observes that the Act does not give any privilege to the Bank to refuse to produce the minutes book in question. He also observes that "when the bank filed a true copy of resolution of the minutes book nothing prevented them from filing of the true copy of entire minutes book that have been taken place on that date". As already stated above, the learned subordinate Judge directed the petitioner herein to file true authenticated copy of the entire minutes book or to produce the original minutes book.
( 4 ) THE learned counsel for the petitioner-Bank submits that a number of matters would have been considered by the board of Directors of the Bank on the date when the resolution relating to the appeal of the respondent was passed on 24-11-1986 and that those matters have no relevance whatsoever so far as the petitioner s matter is concerned. He also submits that the certified copies of the relevant resolutions of the board meeting held on 24-11-1986 and of the working committee meeting held on 8-8-1986 relating to the petitioner filed in Court are complete in every respect and that the secretary has certified that they are the true extracts of the entries relating to the resolutions in the relevant minutes books.
( 5 ) COPIES of the said resolutions certified by the Secretary were read out before m
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