The court emphasized that not every interlocutory order can be regarded as a judgment, and only those orders that decide matters of moment or affect vital and valuable rights of the parties can be considered as judgments.

PC:

1. In this appeal under Clause 15 of the Letters Patent the order dated 20 February 2014 passed by the learned Single Judge of this Court in Chamber Summons No.201 of 2010 has been challenged. The Chamber Summons was taken out by the appellant defendant seeking an order against the plaintiff for discovery and inspection of documents as indicated and enumerated in Annexure to the chamber summons.

2. The respondent-plaintiff has filed the above suit in December 2005 for specific performance of contract for supply of 132 trillion BTU of Natural Gas for a period of 17 years on the basis of certain documents executed in 2004. The appellant-defendant filed its written statement on 31 October 2007 contending that there was no concluded contract between the parties and parties were merely at the stage of negotiation. This according to the appellant-defendant was evident in view of meetings between officers of the appellant-defendant and respondent-plaintiff.

3. Thereafter the respondent-plaintiff filed its affidavit of documents on 7 December 2007. The appellant-defendant filed its affidavit of documents in January 2008. The issues in the suit were settled on 6 October 2008. As the suit was expedited the respondent-plaintiff filed its affidavit in lieu of examination-in-chief on 9 January 2009. The cross examination of the deponent of the affidavit is yet to be done.

4. Thereafter, on 2 February 2010 the appellant-defendant through its Advocate sent a notice for discovery and production of documents to the respondent plaintiff. Immediately thereafter on 3 February 2010 the present chamber summons was taken out by the appellant-defendant seeking an order directing the respondent-plaintiff to disclose on oath and give inspection of the documents mentioned in the schedule thereto as mentioned below:

1. Notices/letters/E mails/Inter Office Memos sent by officials of NTPC among themselves regarding issues to be discussed with RIL during various meetings held between July 2004 and November 2005 in respect of the subject bid.

2. Letters/E mails/inter office Memos sent by officials of NTPC to their management seeking instructions/clarifications with regard to issues to be discussed with RIL during the meetings.

3. Notices/letters/E mails sent by officials of NTPC among themselves fixing the date and timing of internal meetings to discuss the issues with regard to finalization of GSPA.

4. Agenda of such internal meetings.

5. Notes/records of discussions and decision taken in internal meetings of officials of NTPC regarding issued with regard to finalization of GSPA.

6. Letters/E mails of officials of NTPC recording the discussions, which had taken place in the meeting with RIL representatives from time to time with regard top finalization of GSPA.

7. Presentation made by NTPC during their internal meetings.

8. Presentations made by representatives of NTPC to the representations of RIL during various meetings held between July 2004 and November, 2005 particularly presentation made on 7th October, 2005.

9. Instructions to prepare the presentation made on 7th October 2005.

10. Notes/Records/Minutes prepared by officials of NTPC recording the points of discussions and decisions taken during the meeting with officials of RIL.

11. Letters/E mails/Internal office Memos sent by officials of NTPC to their management seeking approval of the points discussed in the meeting with representative of RIL.

12. Correspondence between NTPC and Government of India including Ministry of Power, Ministry of Petroleum and Natural Gas and Ministry of Fertilizer.

13. Any other documents which are in power, possession and control of NTPC relating to matters in question in the suit.

5. By the impugned order dated 20 February 2004 the learned Trial Judge dismissed the chamber summons on the following findings:-

(a) Gross delay in filing this application for discovery in respect of the documents described in the Schedule to the Chamber Summons;

(b) No sufficient