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2016 Supreme(Del) 289

BADAR DURREZ AHMED, SANJEEV SACHDEVA
MAJ RETD SUKESH BEHL – Appellant
Versus
KONINKLIJKE PHILIPS ELECTRONICS N. V. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ravi Gupta, Sr. Adv. with Mr. Ajay Gulati & Mr. N.K. Bhardwaj, Adv.
For the Respondents: Mr. Pravin Anand & Ms. Vaishali Mittal, Adv.

JUDGEMENT :

SANJEEV SACHDEVA, J.

1. The appellant (defendant in the suit) has filed the present appeal impugning the order dated 20.07.2015 whereby the application filed by the respondent (plaintiff in the suit) under Order 11 Rules 12, 14 and 21 of the Code of Civil Procedure (hereinafter referred to as the CPC) has been allowed and the appellant has been directed to produce on oath the documents referred to in the said application.

2. The appellant has contended that the respondent, to prove its claim for damages, had to produce evidence on its own and the appellant could not be compelled to produce documents in respect of issues, the onus of which is on the respondent. The appellant has further contended that an order for production of documents could only be passed only in respect of documents relating to any matter in question in the suit and as there were neither any pleadings nor any issue with regard to the claim of damages so there could not be any order for production of the documents. It is contended that the documents, the production of which is sought by the respondent, are accounts and sales related documents of the appellant and in the absence of any pleadings/issue in

















































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