Kumudni Aggarwal vs Anjana Devi - 2023 Supreme(Del) 1617

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1617

TUSHAR RAO GEDELA
Kumudni Aggarwal – Appellant
Versus
Anjana Devi – Respondent

Advocates appeared:
Mr. Rajesh Mahale, Advocate, for the Petitioner.
Mr. Sandeep Kumar, Advocate, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 06.08.2022 passed in CS No. 529/2020 titled "Anjana Devi vs. Kumudni Aggarwal", whereby the learned Trial Court had allowed the application under Order XI Rules 12 and 14 of CPC, 1908 filed by the respondent/plaintiff seeking directions to the petitioner/defendant to file certain documents.

2. Mr. Rajesh Mahale, learned counsel appearing for the petitioner draws attention of this Court to the order dated 27.10.2022 passed by this Court to fairly submit that the petitioner has restricted the challenge to the impugned order in respect of only the direction to file the statement of the bank account belonging to the petitioner.

3. Learned counsel submits that the petitioner has categorically in para-34 at page 108 has referred to the payment of Rs.15 Lacs made to the respondent/plaintiff by way of Cheque No.252788 dated 02.06.2018 drawn on Axis Bank, Secctor-18, Noida-201301 and submits that there is an assertion by the petitioner/defendant that the respondent/plaintiff had encashed this aforesaid amount.

4. Learned counsel also submits that

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