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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, J.
Reliance Industries Ltd. & Anr. - Applicants
Versus
Reliance Industries Ltd. - Defendant
Chamber Summons No. 629 of 2015, In Suit No. 95 of 2006
Decided On : 29-01-2016
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT - PRODUCTION OF ADDITIONAL DOCUMENTS - LEAVE - RELEVANCY - GOOD CAUSE - CPC ORDER 7 RULE 14(3), ORDER 8 RULE 1A(3), ORDER 11 RULES 21, 172, ORDER 13 RULE 2 - BOMBAY HIGH COURT (ORIGINAL SIDE) RULES, 1980, CHAPTER XI, RULE 172 - EVIDENCE ACT, 1872, SECTIONS 5, 7, 11.
Fact of the Case:
Suit for specific performance of contract. Defendant sought leave to produce additional documents which were in its possession since 2004-2005 but were not disclosed in its earlier three Affidavits of Documents. Defendant contended that the documents were relevant and that good cause was shown for their non-disclosure.
Finding of the Court:
The Court held that the defendant had failed to show good cause for the non-disclosure of the documents and that the documents were not relevant to the issue of whether there was a concluded contract between the parties. The Court also held that the defendant's attempt to produce the documents at this stage was a deliberate attempt to delay the trial of the suit.
Issues: Whether the defendant had shown good cause for the non-disclosure of the documents.
Ratio Decidendi: The Court held that the defendant had failed to show good cause for the non-disclosure of the documents and that the documents were not relevant to the issue of whether there was a concluded contract between the parties. The Court also held that the defendant's attempt to produce the documents at this stage was a deliberate attempt to delay the trial of the suit.
Final Decision: The Court allowed the defendant to produce the documents listed at items 2, 19 to 21 and 22 to 24 in the Schedule of the Chamber Summons. The Court refused to grant leave to the defendant to produce the documents listed at items 1 and 3 to 18 in the Schedule of the Chamber Summons.
S.J. Kathawalla, J.
By the above Chamber Summons, the Defendant - Reliance Industries Ltd. has prayed for the following relief:
"That in the event of this Hon'ble Court coming to the conclusion that the Defendant has not been granted leave, by the order dated 25th November, 2014, passed by this Court in the present Suit, to produce additional documents which are annexed to the affidavit in lieu of examination in chief of Mr. B.K. Ganguly dated 24th February, 2015, the Defendant be granted leave to produce additional documents as per the list appended in Schedule hereto."
2. It is necessary to point out at the very outset that the above Suit filed by the Plaintiff - NTPC Ltd. (`NTPC') (formerly National Thermal Power Corporation Limited) against the Defendant - Reliance Industries Limited (`RIL') is pending in this Court since the last 10 years. In fact 7 years have passed since the hearing of the Suit being expedited in the year 2008 by the then Hon'ble the Chief Justice of this Court. As more particularly set out hereinafter, RIL has already filed three Affidavits of Documents dated 31st October, 2007, 3rd December, 2009 and 23rd January, 2010. This is one more attempt on the part of RIL to file certain fresh documents which interestingly include documents internally exchanged by RIL Officials pertaining to the Meetings held during July 2004 and November, 2005. RIL chooses to file these documents which according to RIL are in their possession since 2004-2005 i.e. even prior to RIL filing its Written Statement on 2nd November, 2007, followed by two subsequent amendments to their written statement, three Affidavits of Documents filed from time to time, and after the cross-examination of the Plaintiff's witnesses is over. This Court has in three recent orders, i.e. Order dated 20th February, 2014 whilst dismissing Chamber Summons No. 2091 of 2010 filed by RIL, Order dated 20th March, 2014 dismissing RIL's Appeal being Appeal (Lodging) No. 151 of 2014, and the Order dated 11th July, 2014 allowing RIL's amendment application which was moved on the day the NTPC's Witness was scheduled to be cross-examined, observed against RIL as follows:
(i) in the Order dated 20th February, 2014:-
"24. The aforesaid facts clearly indicate that the defendant wants to some how delay the trial of the suit. The chamber summons is though filed in the year 2010, has not been heard till 2014. As a result thereof, the cross examination of the plaintiff's witness could not commence."
(ii) in the Order dated 20th March, 2014:-
"14. .. It is not open to a party to keep making repetitive applications so as to frustrate the progress of the trial"
(iii) in the Order dated 11th July, 2014:-
"4. I believe Mr. Kadam is justified. There is absolutely no reason why this suit of 2006 should be delayed indefinitely. A list of dates submitted by Mr. Kadam prima facie indicates that every attempt to begin the cross-examination has been met with one obstacle or the other. This should not be permitted in any view of the matter."
3. As set out hereinabove, RIL has now once again filed the above Chamber Summons seeking liberty to file fresh documents which include documents internally exchanged by RIL officials pertaining to the meetings held during July, 2004 and November, 2005, admittedly in possession of RIL since about a decade.
4. The facts which are relevant for the purpose of deciding the above Chamber Summons are briefly set out hereunder:
4.1 On 30th December, 2005, NTPC has filed the above Suit inter alia for a declaration that there exists a valid, concluded and binding contract between NTPC and RIL for the supply of Natural Gas of 132 Trillion btu annually for a period of 17 years ("Suit Contract") and for specific performance of this Contract. NTPC's case is that this Contract came into existence when the duplicate of the Letter of Intent ("LOI") duly stamped and signed by RIL was forwarded to NTPC. According to NTPC, the Contract is contained in the letters and
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