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DELHI HIGH COURT
SANJEEV SACHDEVA
Hindustan Zinc Ltd. – Appellant
Versus
Durha Construction Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. procedure for discovery of documents (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's directions regarding document discovery (Para 11 , 12 , 13) |
| 3. appellant's failure to comply with court orders (Para 14 , 15 , 16) |
| 4. court's rationale for striking off defense (Para 17 , 18 , 19 , 20) |
| 5. implications of failing to produce documents (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. application of order 11 rule 21 in extreme cases (Para 34) |
| 7. dismissal of appeal with no error found (Para 35 , 36 , 37) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--Appellant impugns order dated 04.08.2018 whereby, on an application filed by the respondent/plaintiff under Order 11 Rule 12 read with Rule 21 Code of Civil Procedure (CPC for short), the defence of the appellant has been struck off, for failure to comply with the order dated 14.01.2016 passed under Order 11 Rule 12 CPC.
2. Subject suit for recovery was filed by the respondent against the appellant contending that the respondent/plaintiff was a given work order by M/s. Bharat Heavy Electricals Ltd for erection and commissioning of 80 Mega Watt Capacity Power Plant.
3. Bharat Heavy Electricals Ltd i
Non-compliance with court orders can lead to severe consequences, including striking off of defenses, particularly in cases of willfulness.
Non-compliance with a court order for discovery of documents, coupled with vague explanations, can justify striking off a party's defense under Order 11 Rule 21 CPC.
The stringent provisions of Order XI Rule 21 of the CPC should be applied only in extreme cases, where there is contumacy or a willful attempt to disregard the court's order.
Failure to comply with discovery orders can result in dismissal of the suit for non-prosecution, emphasizing the necessity of adherence to court directives in litigation.
Non-compliance with Order for Discovery - The defendants' answer to the interrogatories, in the manner it was given, i.e., denying entering into and execution of the Agreement, would attract conseque....
Procedural rules should not obstruct substantial justice; reasonable cause for non-disclosure of documents must be interpreted liberally to ensure fair adjudication.
The court affirmed that documents not disclosed with the written statement in commercial cases cannot be admitted, but contradictory decisions on evidence closure were ruled unsustainable.
Non-compliance with a peremptory discovery order mandates strictly enforced sanctions, including striking out pleadings. Arguments questioning the existence or possession of documents are precluded b....
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