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2016 Supreme(Del) 1726

VIPIN SANGHI
POLYFLOR LIMITED – Appellant
Versus
A. N. GOENKA – Respondent


Advocates Appeared:
For the Appellant :Sushant Singh, Kumar Chitranshu and Harsh Pathak, Advocates
For the Respondent:Ajay Amitabh Sharma, Advocate

JUDGMENT :

VIPIN SANGHI, J.

O.A. No.84/2016

1. This chamber appeal is directed against the order dated 16.03.2016 passed by the learned Joint Registrar dismissing the application preferred by the plaintiff under Order 7 Rule 14(3) CPC i.e. I.A. No.1446/2016. The suit seeking permanent injunction, passing off, delivery up and unfair trade practices and rendition of accounts was filed by the plaintiff in April 2004. The issues in the suit were framed on 02.12.2013. The recording of evidence is in progress before the Local Commissioner. The plaintiffs witness PW-1 has been under cross examination. At that stage the plaintiff moved the aforesaid application under Order 7 Rule 14(3) CPC seeking to place on record three sets of documents relating to the audited statement of accounts of the plaintiff. These documents were sought to be produced to substantiate the sales figures and turnover of the plaintiffs under the trademark POLYFLOR since 1997, upto 2013.

2. The first set of documents sought to be produced are photocopies of annual report of the plaintiff, which includes the annual report of its predecessor, for the year 1997-99. The second set is the original duly audited annual report fo































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